Issue No.6/July 2018
The Review contains news about the AAT and summaries of decisions of interest.
Migration committee hearing
The Joint Standing Committee on Migration is currently investigating processes associated with visa cancellations made on criminal grounds. On 16 July, the AAT attended a hearing before the Committee after it had received 39 submissions on the matter, including the AAT’s. These submissions are all available on the Parliament of Australia website along with the transcript of the hearing that involved the AAT.
Are all AAT hearings open to the public?
The AAT usually holds hearing to give the parties to a review an opportunity to present their case. Hearings are usually open to the public but sometimes the law requires hearings to be held in private.
Alternative ways to reach an agreement
Alternative dispute resolution (ADR) processes can be a quick and cost effective way for parties to reach an agreement on a review. ADR processes are used by the AAT in a number of circumstances.
A new information video in an accessible format
The AAT has developed an information video to help people understand what we do and what they can expect if they apply for a review. The video features a presenter speaking in plain English with an Auslan interpreter.
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
Lander and Child Support Registrar (Child Support) [2018] AATA 1706
The AAT reviewed a decision about the extension of time to object to a child support decision made by the Department of Human Services.
Citizenship
Welday and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 1851
The Department of Immigration and Border Protection refused the applicant’s citizenship application because they were not satisfied of the applicant's identity after she could not produce a birth certificate. The AAT remitted the matter to the Department.
Compensation
Nguyen and Comcare (Compensation) [2018] AATA 1623
The applicant made a claim for compensation to Comcare for depression and stress she claimed to have developed during her employment at the Department of Defence. The AAT affirmed Comcare's decision that the applicant was not entitled to compensation.
Migration & Refugee
1617804 (Refugee) [2018] AATA 1693
The Department of Immigration and Border Protection refused the applicant's Protection visa. The applicant claimed to fear returning to Malaysia because he was in a de facto relationship with his partner, something he claimed was not allowed under Islamic law. The AAT affirmed the decision.
Kapene Te Amo (Migration) [2018] AATA 2214
The Department of Immigration and Border Protection refused the applicant’s Subclass 444 visa. At the time of the decision the applicant had serious convictions, as well as serious charges standing against him. The AAT affirmed the decision.
Tran (Migration) [2018] AATA 1925
A delegate of the Minister for Immigration and Border Protection refused the visa applicant a Child visa. The visa applicant, who was 18 years old and living in Vietnam, was seeking the visa because she was dependent on her mother, an Australian permanent resident. The Tribunal set aside the decision.
Social Services (second review)
Forner and Secretary, Department of Social Services (Social services second review) [2018] AATA 1512
The AAT heard a matter about whether assets that the applicant had given to her grandchildren should be included in the calculation of her age pension. The Department of Human Services decided that the assets should be included. The AAT varied the decision.
Taxation
TZSX and Commissioner of Taxation (Taxation) [2018] AATA 1348
The applicant in this matter was prohibited from leaving Australia by the Commissioner of Taxation because of his outstanding $33 million tax debt. The AAT reviewed the Commissioner's decision to refuse the applicant a Departure Authorisation Certificate to visit the UK. The AAT 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.
What do you think?
Write to us at Communications@aat.gov.au to provide editorial suggestions and feedback.