No Images? Click here Welcome to the Review!Welcome to the Administrative Appeals Tribunal’s new enewsletter. The Review provides the opportunity for you to learn more about how the Tribunal works and keep up to date with Tribunal news. The Review will include diverse information that will help you learn about the function, role and processes of the Tribunal. The Review will also include a range of short, plain English summaries of recent decisions from across the Tribunal’s divisions. These easy to read summaries will provide insight into why the AAT makes its decisions and the types of decisions it makes. A short introduction to the AATThe Administrative Appeals Tribunal gives people access to independent review of a range of decisions made by the Government to promote fair and effective decision making. The Tribunal is made up of members who review a decision on the merits, stepping into the shoes of the original decision maker. They apply the relevant law and policy to reach the correct or preferable decision in each case. The AAT is made up of eight divisions dealing with a broad range of decisions, most commonly child support, migration, refugee and social security decisions. What decisions does the AAT publish?The AAT recently introduced a new publication policy. The Tribunal publishes a range of written decisions which promotes the transparency of our processes and decision making. The new policy will increase the number and range of written decisions we publish. For a quick explanation of the policy and the publication targets set by the AAT, please click below. What confidentiality requirements apply to AAT decisions?While many written decisions are published in full, the AAT is prevented from disclosing some kinds of information when publishing decisions. In some kinds of cases details may need to be kept confidential so as not to identify the applicant or some other parties. In limited circumstances the entire written decision may need to be confidential. For an overview of the confidentiality requirements applying to AAT decisions, click below. These summaries are prepared by AAT staff to provide insight into our processes, 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.General DivisionWXDX and Minister for Immigration and Border Protection (Migration) [2017] AATA 2851The applicant was refused a bridging visa by a delegate of the Minister for Immigration and Border Protection as he did not pass the 'character test' based on an alleged risk that he would harass, molest, intimidate or stalk another person in Australia. The Tribunal set aside the decision and substituted a decision that the applicant passed the ‘character test’. Migration & Refugee DivisionJavoric (Migration) [2017] AATA 2627Applications for a carer visa were refused by a delegate of the Minister for Immigration and Border Protection and this decision was affirmed by the Tribunal. The review applicant was the sponsor, an Australian resident, for the visas sought by his sister as his carer and her husband and their child as dependants. Buckley (Migration) [2018] AATA 7The applicant’s skilled visa was cancelled by a delegate of the Minister for Immigration and Border Protection who found the applicant provided false information and bogus documents in his application. The Tribunal substituted the delegate's decision with one not to cancel the visa. 1512555 (Refugee) [2017] AATA 2764The applicant was refused a protection visa by a delegate of the Minister for Immigration and Border Protection and the Tribunal affirmed this decision. The applicant claimed protection on the ground that a drug trafficker and his relative, who is a powerful public official, would harm him because of his involvement in a law enforcement operation in China during 1997. Rhee (Migration) [2017] AATA 2800The applicant’s partner visa was cancelled by a delegate of the Minister for Immigration and Border Protection and this decision was affirmed by the Tribunal. The visa was cancelled because the applicant failed to disclose his previous visa history. Nguyen (Migration) [2018] AATA 26The applicant’s application for a skilled visa was refused by a delegate of the Minister for Immigration and Border Protection and the Tribunal affirmed this decision. The refusal was due to the failure of the applicant to attach an Australian Federal Police criminal check to his application in time. Social Services & Child Support DivisionElson and Child Support Registrar (Child support) [2017] AATA 2951A decision was made by the Department of Human Services not to change the care percentages in a child support assessment after it was alleged the pattern of care of a child had changed. The Tribunal affirmed the decision. Vardy and Wilmot (Child support) [2018] AATA 82A decision was made by the Department of Human Services to depart from the assessment formula and vary the rate of child support payable based on the special circumstances of the children. The Tribunal varied the decision finding there are special circumstances in relation to the cost of education. Taxation & Commercial DivisionMcLean and Australian Securities and Investments Commission [2017] AATA 2566A delegate of the Australian Securities and Investments Commission made a banning order which prohibited the applicant from providing any financial services due to market manipulation. The Tribunal affirmed this decision. Veterans' Appeals DivisionStevens and Repatriation Commission (Veterans' entitlements) [2017] AATA 2419The Veterans’ Review Board made a decision to refuse a claim by the applicant for his Post-traumatic Stress Disorder to be accepted as service-related and the Tribunal affirmed this decision. The Tribunal considered whether or not the PTSD was ‘war-caused’. 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. |