Issue No.8/September 2018

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

The AAT understands some subscribers who received the August edition of The Review experienced technical issues with 'Read more' links that were redirecting to the homepage of the AAT's website. We apologise for any inconvenience this may have caused.

This issue has been resolved and you can view the full newsletter, including all the content, on our website. 

What citizenship decisions can we review?

Thousands of people become Australian citizens every year. The Department of Home Affairs sometimes makes a decision that adversely affects a person’s citizenship status. In certain cases, the person can appeal to the AAT for a review. Broadly, we can review decisions:

• To refuse to approve a person becoming an Australian citizen by descent, by adoption, by conferral or by resumption
• To cancel an approval for citizenship by conferral
• To refuse to approve a person renouncing his or her Australian citizenship
• To revoke a person’s Australian citizenship.

Citizenship decision reviews represent a small part of the AAT’s overall caseload. The AAT provides people with the opportunity for independent review of decisions made under more than 400 Commonwealth Acts. Of the 58,780 applications we received in 2017-18, there were 605 applications relating to citizenship.

The AAT can review citizenship decisions made by the Minister personally but most decisions we review are made by ministerial delegates (usually officers within the Department).

We generally publish written decisions about citizenship matters on AustLII. Summaries of significant citizenship decisions made by the AAT are also available.

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. 

Child Support

Carey and Carey (Child support) [2018] AATA 2414

The applicant claimed that the cost of flights which he paid for his child to travel to see him should be credited against his child support liability. The AAT set aside the decision and substituted a reduced amount to be credited.

Citizenship

Park and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 2299

The Department of Immigration and Border Protection cancelled the applicant's citizenship approval when the applicant failed to complete the citizenship process in the appropriate period. The applicant lodged an appeal to the AAT out of time. The AAT allowed an extension of time to hear the merits of the case.   

Compensation

ZXCF and Comcare (Compensation) [2018] AATA 3017

The applicant's existing monthly chiropractic cover was refused when the applicant requested a review of the decision to only cover a single treatment a month. Comcare decided the chiropractic treatment was not treating a workplace injury. The AAT affirmed Comcare's decision.

Education and Training

Ullah and Secretary, Department of Education and Training [2018] AATA 2159 (11 July 2018)

The applicant requested the refund of two university subjects paid under the FEE-HELP scheme due to circumstances beyond his control. The applicant's university found that the he was not affected by circumstances beyond his control and refused to refund the fees. The AAT affirmed the decision.

Migration & Refugee

B&G Green Trading Pty Ltd (Migration) [2018] AATA 3190 [Guidance decision]

The Department of Immigration and Border Protection refused the applicant's nomination of an occupation visa. The AAT affirmed the decision.

Due to the case's circumstances and recent legislative amendments the AAT issued a guidance order. A guidance order means that future decisions with similar criteria should follow the example of this decision. 

1512023 (Refugee) [2018] AATA 2906

The Department of Immigration and Border Protection refused the applicant's Protection visa. The applicant claimed to fear harm from the Awami League due to his political activity. The AAT affirmed the decision. 

Droguett Fredes (Migration) [2018] AATA 2390

The Department of Immigration and Border Protection cancelled the applicant’s Student visa because the applicant had breached a condition of his visa to remain enrolled in a registered course. The AAT found  that the applicant's enrollment status had been incorrectly recorded. The AAT set aside the original decision to cancel the visa.

Javanmardi Rahat Abad (Migration) [2018] AATA 2433

The Department of Immigration and Border Protection refused the applicant's Visitor visa because it was not satisfied that the applicant genuinely intended to stay temporarily in Australia. The AAT affirmed the decision.

Khan (Migration) [2018] AATA 2395

The Department of Immigration and Border Protection cancelled the applicant’s Student visa because the applicant had breached a condition of his visa to remain enrolled in a registered course. The AAT found that the applicant had failed to maintian an enrolled status and affirmed the decision.

Social Services second review

MZNK and Secretary, Department of Social Services (Social services second review) [2018] AATA 2003

The AAT heard a matter regarding a debt owed to the Department of Social Services where the applicant had been over paid. The AAT decided to set aside the decision and remitted it for reconsideration.

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.