Issue No.10/November 2018 The Review contains news about the AAT and summaries of decisions of interest. Growth in number of applications for reviewThe AAT received a record number of applications for review in the first quarter of 2018-19. Applicants lodged more than 15,800 new applications across all of our caseloads during the period. This continues an upward trend in applications over recent years and has directly contributed to the growth in active cases on hand at the AAT. The number of cases on hand has grown to exceed 60,000 at the end of October 2018, up from around 22,000 when the Tribunal amalgamated in July 2015. Applications to the Migration and Refugee Division represented approximately 84 per cent of this pending caseload; this is the division that receives the highest proportion of applications at the AAT. Ms Sian Leathem, the AAT’s Registrar, discussed our growing backlog during a Senate Estimates hearing in October. In explaining the increase in backlog, she highlighted that ‘the number of members available to review decisions has not kept pace with the demand’. To address these challenges, the AAT continues to identify ways to improve efficiency and, where possible, has introduced or is planning changes, including the way in which we manage different types of cases. For example, we have created a targeted early case assessment team to develop strategies for the prompt resolution of cases without the need for a hearing and we continue to rely on alternative dispute resolution services where possible. We also continue to work closely with Government to address the challenges associated with an overall increase in lodgements for review, including through discussion about member appointments and re-appointments and exploring legislative reform options. Digital transformationThe AAT is committed to improving people’s experience of our services through the whole-of-government Digital Transformation Strategy. We are currently developing a range of new digital services to improve accessibility including a smart form that we are trialling with people who apply for reviews of Student visa decisions. Time limits for applying for reviewA recent Federal Court decision found that the AAT can extend the time limits for applying for review in most visa related matters. The AAT will defer dealing with applications in the Migration and Refugee Division, that appear to have been lodged outside the relevant time limit, until this decision is considered by a Full Court of the Federal Court. These summaries are prepared by AAT staff to provide insight into the types of decisions we make and why the decisions are made. For the complete facts and reasons, please view the full written decisions on AustLII. Decision summaries are routinely uploaded to the AAT website. Below are the summaries uploaded over the last month. CitizenshipLiang and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 3782 The Department refused the applicant’s citizenship application because he did not satisfy the requirement to have a close and continuing association with Australia while overseas. The AAT found the applicant’s connection with Australia during his time away was more consistent with being a regular visitor rather than a resident and affirmed the decision. CommercialMallett and Inspector-General in Bankruptcy [2018] AATA 3739 The applicant was due to have her bankruptcy discharged until the trustee issued a notice of objection because the applicant had transferred assets to prevent creditors from accessing them. The AAT reviewed the evidence and investigated the transfer, finding that the notice of objection should be allowed. CompensationHorne and Comcare (Compensation) [2018] AATA 4021 The applicant received compensation for a back injury and made two further claims for psychological and physical conditions that arose from the back injury. The AAT affirmed Comcare’s decision that they were not liable for the conditions. Migration & Refugee1600050 (Refugee) [2018] AATA 3888 The applicant claimed to fear harm if returned to Indonesia from debt collectors acting on behalf of disgruntled pilgrims. The AAT affirmed the Department’s decision to refuse the visa based on issues with the applicant’s credibility. 1810335 (Refugee) [2018] AATA 3927 The applicant’s Protection visa was cancelled after the Department found he had provided incorrect answers with his application for the visa. The AAT affirmed the Department’s decision. Burton (Migration) [2018] AATA 4220 This matter concerned the cancellation of a visa where the visa holder was a New Zealand citizen but a long-standing resident of Australia and had been charged with, but not yet convicted of, serious offences. The AAT set aside the decision and substituted a decision not to cancel the visa, which would allow any decision about visa cancellation to be considered after the outcome of a criminal trial was known. Myung (Migration) [2018] AATA 4063 The Department refused to grant the applicant a Student visa because there was insufficient evidence that the applicant was a genuine temporary entrant. The AAT concluded that it was not satisfied that the applicant intended to genuinely stay in Australia temporarily and affirmed the Department’s decision. The AAT Bulletin is a weekly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Taxation & Commercial and Veterans’ Appeals Divisions. The Bulletin also regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division. What do you think? Write to us at Communications@aat.gov.au to provide editorial suggestions and feedback. |