January 2020 The Review includes news about the Administrative Appeals Tribunal (AAT) and summaries of a selection of our published decisions. Previous issues of The Review are available on our website. ACCESSIBILITY IN ALTERNATIVE DISPUTE RESOLUTION PROCESSESThe AAT is committed to improving its performance on accessibility. Being ‘accessible’ is part of our statutory objective, so the ways we present information and help people access our services are key areas of focus in all aspects of our work. We welcome feedback on an ongoing basis and survey a wide sample of our users each year to help us better understand their needs. One of the areas we are continuing to improve our performance on accessibility is in our use of alternative dispute resolution (ADR) processes. Through conferencing and other ADR processes, applicants are able to have an informal, facilitated and confidential discussion with government decision-makers. We have been trialling the use of web and video conferencing in conciliations in the recently launched Small Business Taxation Division. If this trial is successful, we plan to expand its use across other case types where we use ADR in 2020. Web and video conferencing may be particularly advantageous for people living in regional and remote areas, or those with diverse needs, who may not be able to travel into AAT registries for ADR events. We believe this will assist applicants across a number of our caseloads. While many ADR events are successfully conducted by phone, the use of web and video conferencing technology will give Tribunal users even more options. Find out more about ADR or accessibility at the AAT. STUDENT VISA REFUSALS AND CANCELLATIONSIn the past few editions of The Review we have focused on decisions regarding the public’s access to information held by public authorities. In this edition, we look at how the AAT reviews student visa refusal and cancellation decisions. When considering student visa refusals, the AAT needs to decide whether the applicant genuinely intends to stay temporarily in Australia. A range of factors are taken into consideration including the applicant’s immigration history, financial situation, insurance details and personal circumstances, in their home country and Australia. When considering student visa cancellations, the AAT must consider whether or not applicants meet conditions requiring visa holders to adhere to certain course enrolment, attendance and academic progress requirements. To demonstrate the types of factors the AAT considers when making student visa decisions, we have summarised several recent decisions below. Du (Migration) [2019] AATA 4289 The Department of Home Affairs refused the applicant a temporary student visa on the basis she was not enrolled in a course of study. The applicant sought an AAT review. While the AAT was satisfied that, at the time of the decision, she was enrolled in a course, there was no evidence enrolment was maintained or that she was currently enrolled. Chen (Migration) [2019] AATA 4282 The applicant sought a review of a Department of Immigration and Border Protection decision refusing her a temporary student visa. She applied for the visa on the basis of being in a de facto relationship with the primary student visa holder. Raja (Migration) [2019] AATA 4046 The applicant sought a review of a Department of Home Affairs decision refusing him a temporary student visa on the grounds of inadequate health insurance evidence. The AAT reviewed evidence and remitted the application to the Department for reconsideration. Our staff produce decision summaries for a selection of AAT decisions that have been published in full on the AustLII website. We use these summaries to offer an insight into our decision-making processes and to demonstrate the diversity of our work. For the complete facts and reasons, please view the full written decisions on AustLII. View our recent decision summaries below. Education and TrainingCrisp and Secretary, Department of Education and Training [2019] The applicant enrolled in an Advanced Diploma of Aviation, receiving a FEE-HELP loan to pay his fees. He claimed he was unable to complete his Diploma due to special circumstances and applied to have his FEE-HELP debt re-credited. The Department refused to re-credit the applicant’s FEE-HELP debt after an internal review. The applicant applied to the AAT for review of this decision citing ‘special circumstances’ which made it impracticable for him to complete the course. Taxation and CommercialACN 154 520 199 Pty Ltd (In Liq) and Commissioner of Taxation (Taxation) [2019]In this matter the Tribunal reviewed a decision by the Commissioner of Taxation relating to input tax credits for a business involved in gold refinery. Veterans' EntitlementsHollywood and Military Rehabilitation and Compensation Commission (Compensation) [2019] AATA 5032The applicant sought a review of a Military Rehabilitation and Compensation Commission (the Commission) decision rejecting his claims of post-traumatic stress disorder (PTSD) and alcohol dependence related to his service in the Royal Australian Navy from 1971 to 1972 National Disability Insurance SchemeHiney and National Disability Insurance Agency [2019] AATA 3643 The National Disability Insurance Agency did not provide for access to the applicant’s preferred interstate prosthetist in his funding plan. He applied to the AAT for a review of an internal NDIS decision to confirm the approval of its initial decision. Migration and Refugee Dynamic Education Group Pty Ltd (Migration) [2019] AATA 4576 The applicant’s employer nomination visa application was refused because the Department of Immigration and Border Protection was not satisfied it met requirements. The applicant provided additional information to the AAT at review. The AAT set aside the decision and approved the nomination. 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. |