August 2020 The Review includes news about the AAT and summaries of a selection of our published decisions. Previous issues of The Review are available on our website. SBS documentaryThe AAT recently featured in an SBS documentary series called ‘Who Gets to Stay in Australia?'. All four episodes of the series, which included the stories of people who had applied to the AAT for a review of their decisions, can be viewed on SBS On Demand. New processApplicants are able to request an expedited decision for some matters already before the Migration and Refugee Division of the AAT. This has been addressed within the COVID-19 special measures practice direction – Migration & Refugee, which made changes to allow us to continue to review decisions during the pandemic. How we use country of origin information to review protection decisionsThis month, we focus on how the AAT uses country of origin information (country information) when reviewing decisions on protection (refugee) visas. In 2018-19, almost a third of all applications to the Migration and Refugee Division were for the review of a decision refusing to grant a protection visa. Applications in this area were the highest of any visa category. Reviewing protection visa decisions generally requires us to consider whether Australia owes a person protection: whether they are a refugee, or alternatively, entitled to complementary protection. During a review the AAT will often consider country information. This is information about the country from which an applicant originates and relates, specifically, to the claims an applicant puts before the Tribunal in support of their application. The Division’s proceedings are inquisitorial in nature and this gives particular significance to the use of country information. The courts have recognised that, given the nature of these proceedings, members are entitled to test the applicant’s evidence. The member therefore takes an active role in questioning people who appear before the Tribunal. This questioning will often rely on country information to give context to claims and to assess a person’s credibility and the validity of the claims for protection put forward. In this way, high quality and well-informed country information can have an important bearing on the outcome of a review. AAT members can source country information in several ways. The Department of Foreign Affairs and Trade (DFAT) provides country information assessment reports for some countries that are prepared expressly for protection visa decision makers. Ministerial Direction Number 84, made under s 499 of the Migration Act 1958 (Cth), requires protection visa decision makers to have regard to these DFAT assessment reports, where relevant. Members can also rely on the reports produced by a dedicated country information research unit located in the Department of Home Affairs. Members can also undertake their own research. They may have a deep knowledge of countries and issues, acquired through specialisation on caseload countries, and so have extensive experience with well informed and current sources which they can consult as new issues arise. Members might also consult recently published articles and books. Below are four recent examples of protection decisions to illustrate how the AAT applies country information. The applicants are from Sri Lanka, Yemen, Ethiopia and Jordan. Pseudonyms are used in published decisions about protection visa reviews and some details may be left out to protect an applicant’s identity. 1820986 (Refugee) [2020] AATA 973 (23 April 2020) An applicant argues he is at risk of significant harm in Sri Lanka because of his political profile and status as a returned asylum seeker. 1707044 (Refugee) [2020] AATA 1376 (24 April 2020) The AAT has found a Yemeni national who converted to Christianity was at risk of harm if he returned to his home area. 1619347 (Refugee) [2020] AATA 1544 (20 April 2020) The AAT must decide whether Ethiopia is safe for a former journalist to return to when, until recently, it was known as an oppressive surveillance state. 1812821 (Refugee) [2020] AATA 1275 (24 April 2020) The AAT must decide whether Jordan is safe for a young family who want to raise their children in the Christian faith. 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. GeneralBHVN and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 1467 (25 May 2020) The AAT had to decide whether there was another reason to revoke a mandatory decision cancelling the applicant’s visa. He committed a serious crime but also had strong family ties to Australia. HMDS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 1634 (3 June 2020) The AAT had to decide whether there was a good reason to grant the applicant a bridging visa. He was awaiting review of a protection visa application and had strong ties to his young Australian family. Social Services (second review)Greentree and Secretary, Department of Social Services (Social services second review) [2020] AATA 659 (24 March 2020) The AAT affirmed a decision a pharmacy student did not qualify for a disability support pension as her condition was not severe, and she was studying and capable of working in the future. 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. |