June 2021 The Review includes news about the Administrative Appeals Tribunal (AAT) and summaries of a selection of published decisions. This month we take a look at the Character Test and how it is applied by AAT Members, announce the final issue of The Review and take a closer look at Veteran Entitlements reviews. Previous issues of The Review are available on our website. The Character Test explainedThe Department of Home Affairs may refuse or cancel a visa if the visa applicant/holder does not pass the character test. The Minister for Home Affairs, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs or one of their delegates, can make this decision. Section 501 of the Migration Act 1958 lists a variety of reasons why someone may not pass the character test. Subsection(6) of section 501 sets out the full list of reasons, which include:
A person whose visa has been refused or cancelled by a delegate of the Minister under section 501 can apply to the Administrative Appeals Tribunal (AAT) to have this decision reviewed. The AAT cannot review decisions made by the Minister personally. Section 501(3A) states that a visa must be cancelled if the visa holder:
This is called a mandatory cancellation. A mandatory cancellation may be revoked by a delegate of the Minister or the AAT if they are satisfied the person does in fact pass the character test or where there is another reason for revocation. Where a mandatory cancellation is revoked by a delegate or the Tribunal, the person whose visa was cancelled will have their visa reinstated. The Minister, however, can overturn the Tribunal’s decision to revoke a mandatory cancellation of visa. Section 501 provides further guidance about the application of the character test, including how to decide whether a person has a substantial criminal record. Further, a Ministerial Direction issued by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs guides decision makers, including the AAT, in applying the character test when considering whether to refuse or cancel a visa. Final issue of The ReviewMany readers of The Review also receive the AAT Bulletin fortnightly newsletter, or access news and information directly from our website. For these reasons, we have decided to stop sending you this monthly email newsletter. If you have not already done so, please keep up to date with news affecting AAT users by subscribing to the AAT Bulletin. We are also re-arranging our website to make sure you can continue to access new decision summaries when we publish them. Thank you for subscribing to The Review. We look forward to continuing keeping you informed through our other channels. Visiting the AAT during the COVID-19 pandemicIn line with recent state government announcements, we have closed some of our registries to help keep local communities safe. When our registries are closed to visitors, we contact parties to make alternative arrangements for in-person case events listed during the time. If you are planning to visit an AAT registry for another reason, please check our website to find out about any temporary changes to services and other ways you can contact us. Veteran’s Entitlements Reviews at the AATThe AAT reviews decisions made by the Repatriation Commission (RC) and the Veterans’ Review Board (VRB). We can review a range of decisions about veterans’ entitlements and military compensation and other decisions made under the following laws:
What the AAT cannot do:
Read on for two examples of reviews that were within the AAT’s jurisdiction. Pesch and Repatriation Commission (VE) [2020] AATA 4907This applicant claimed he was greatly affected by his friend’s tragic death and claimed he later developed anxiety and alcohol use disorder. Read on to find out what happened when the AAT reviewed this matter. Delahunty and Repatriation Commission (VE) [2020] AATA 4857In this review, the AAT considers such questions as: Was this veteran’s death related to his service? and, Should his wife then be granted the war widow’s pension? Decision summaries are available 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. For the complete facts and reasons, please view the full written decisions on AustLII. View our recent decision summaries below. 1709834 (Refugee) [2021] AATA 1003This applicant claimed he feared being killed by the Taliban if returned to Pakistan as he had resisted an attempt to recruit him. Will the AAT be satisfied that his is a genuine refugee and in need of protection? McVeigh and National Disability Insurance Agency [2021] AATA 69This applicant’s sister advised the NDIA that the applicant was now residing in a residential aged care facility. Read on to find out if the AAT was satisfied that she still met the criteria to be an NDIS participant. Child SupportSammons and Sammons (Child support) [2021] AATA 470In this review, the AAT heard from the applicant about his income changes and the effects this has had on his ability to continue paying child support at the fixed rate. Read on to find out what was decided,. 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. |