The Review contains news about the AAT and summaries of decisions of interest.

AAT's appearance at senate estimates

The AAT appeared before senate estimates on 24 May 2018. AAT Registrar, Sian Leathem, took the opportunity to make an opening statement regarding the role and function of the AAT. The Registrar outlined the AAT’s caseload, its power to make decisions, the process Tribunal members follow when making decisions, the diverse nature of the AAT’s decisions and noted the ongoing interest in the AAT’s role reviewing National Disability Insurance Agency decisions. The Registrar also clarified the AAT’s specific role to review decisions made by delegates in the Department of Home Affairs to refuse or cancel a visa on character grounds.

To view the full opening statement, please click below.

The character test explained

Section 501 of the Migration Act 1958 provides the Minister of Home Affairs, or a delegate, the power to refuse or cancel a visa if the non-citizen does not pass the character test. There are a variety of reasons a person may not pass the character test and there are also instances when a visa must be cancelled. When a person is found not have passed the character test a range of factors must be considered by the decision maker before refusing or cancelling the visa. Ministerial Direction No.65, a formal set of guidelines issued by the former Minister of Immigration and Border Protection, sets out the factors to be taken into account and how they apply.

For more information on the operation of the character test, please click below.

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.

General Division

GSKD and Minister for Immigration and Border Protection (Migration) [2018] AATA 1078

The Department of Home Affairs refused the applicant's Partner visa on the basis that he did not pass the character test due to multiple convictions for sex offences against a minor girl in the United States. The Tribunal affirmed the decision.

Healy and Minister for Home Affairs (Migration) [2018] AATA 1051

The Department of Home Affairs refused the applicant's Skilled visa on the basis that he did not pass the character test due to a conviction of culpable homicide in South Africa. The Tribunal set aside the decision.

Stathopoulos and Comcare (Compensation) [2018] AATA 651

The applicant was refused compensation for an injury she suffered after falling and hitting her head walking from her car in a car park connected to the building she worked in. The Tribunal decided Comcare was liable for the injury as it was sustained in the course of her employment.

Migration & Refugee Division

1615725 (Refugee) [2018] AATA 1255

The Department of Immigration and Border Protection refused the applicant's Protection visa. The applicant claimed he could not return to Malaysia due to his homosexuality as he would be subject to discrimination and abuse. The Tribunal set aside the decision.

1801792 (Refugee) [2018] AATA 665

The Department of Immigration and Border Protection refused the applicant's Protection visa. The applicant claimed to fear returning to India on the basis of his religious beliefs, specifically his devotion to Dera Sacha Sauda (DSS). He claimed members of the religious organisation were targeted for harm in India. The Tribunal affirmed the decision.

BM SYDNEY BUILDING MATERIALS PTY LTD (Migration) [2018] AATA 502

The Department of Immigration and Border Protection refused the applicant's nomination of an occupation for a Subclass 457 visa. The applicant operated a building materials supply business and had nominated the visa applicant for a position. The Tribunal was not satisfied that the position required by the business was the nominated occupation and affirmed the decision.

Sheikh (Migration) [2018] AATA 1056

The Department of Immigration and Border Protection refused the visa applicant's Student visa. The visa applicant was a child residing in Somalia and both of his parents were deceased. His maternal aunt, an Australian citizen, was his carer and was attempting to return home to Australia to her family with the child. The Tribunal set aside the decision.

Social Services & Child Support Division

Carrington and Carrington (Child support) [2018] AATA 953

The Tribunal reviewed the amount of child support payable by a liable party when they had not lodged income tax returns.

Jennings and Bramley (Child support) [2018] AATA 960

The Tribunal reviewed the assessment of the percentages of care for two separated parents where the care percentages of the children where changed on multiple occasions.

Taxation & Commercial Division

MMFT and Commissioner of Taxation (Taxation) [2018] AATA 772

The applicant failed to lodge income tax returns for a number of years and the Commissioner of Taxation made default assessments of his income. The applicant objected to the assessments and the Commissioner disallowed the objection. The Tribunal affirmed the 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.

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