November-December 2019
The Review includes news about the AAT and summaries of recent published decisions.
Previous issues of The Review are available on our website.
CONNECTING WITH OUR STAKEHOLDERS
The Administrative Appeals Tribunal (AAT) hosted a series of migration and refugee stakeholder forums throughout October and November. Participants included commercial migration and refugee support organisations, peak migration and refugee bodies, the Law Council of Australia, Department of Home Affairs and migration agents.
Deputy President Jan Redfern PSM, Head of the Migration and Refugee Division, hosted the events which also included presentations from senior representatives of the Immigration Assessment Authority and General Division.
A range of topics were discussed including caseload overviews, processing times, and early case assessment and resolution processes.
If you would like to participate in future migration and refugee stakeholder activities, please email us.
REGISTRIES OPEN DURING HOLIDAYS
Apart from public holidays, most AAT registries will be open to provide essential registry services throughout December and January. This is except for our Canberra and Hobart registries which will be closed from 27 until 31 December 2019.
ONLINE LODGEMENT REMINDER
Over the holiday period, people should consider lodging their application using our online lodgement facilities to ensure they meet the required statutory timeframes and are not affected by postal delivery delays.
Parties can also send us documents online.
We are unable to offer an extension of time if applications are not lodged, or documents provided, by the required deadline.
Please contact us on 1800 228 333 if you have any questions.
NDIS MATTERS FINALISED BEFORE HEARING
A common misconception is that AAT matters are typically finalised when a member hands down a decision after a formal hearing.
In fact, many applications lodged with the AAT are finalised without the need for a hearing, including matters involving a review of a decision by the National Disability Insurance Agency (NDIA).
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.
MIGRATION AND REFUGEE
1607505 (Refugee) [2019] AATA 1446
A mother and daughter applied for review of decisions made by the Department of Home Affairs to refuse their applications for protection visas.
Australia has an obligation under the Migration Act 1958 to protect individuals who can satisfy one of two criteria, broadly, a ‘well-founded fear of persecution and ‘a real risk of significant harm’ should they be returned to their country of origin.
The Tribunal considered evidence such as the issues faced by women in Pakistan, written and oral submissions from the applicants and information about the Muttahida Qaumi Movement (MQM).
Two individuals arrived in Australia separately on temporary visas, where they met and commenced a relationship.
That relationship produced two children. They remained in Australia on a series of temporary and bridging visas or unlawfully.
In June 2011 the applicants applied for protection visas. These applications were refused. However they were granted further bridging visas, and due to a change in legislation were permitted to apply a second time for a protection visa under the complementary protection criterion which previously did not exist. The two children also applied for protection visas.
CHILD SUPPORT
Gardner and Child Support Registrar (Child support) [2019] AATA 2539
The applicant claimed he provided a higher percentage of care from 28 November 2017. He reported the change on 11 January 2018. The change was applied by the Child Support Agency (the Agency) from 11 January 2018.
The applicant sought an appeal of this decision at the AAT. The AAT concluded that the decision made by the Agency to apply the change from 11 January 2018 was correct and affirmed the decision under review.
GENERAL AND OTHER DIVISION
YKZZ and Minister for Home Affairs (Migration) [2019] AATA 3248
The applicant applied to the AAT to review the mandatory cancellation of his visa by the Department of Home Affairs.
His spouse visa was cancelled on the grounds that he did not pass the character test due to his criminal record.
The Tribunal decided that the positive factors in the applicant’s favor outweighed the negative factors and set aside the decision.
National Disability Insurance Scheme (NDIS)
BGBZ and National Disability Insurance Agency [2019] AATA 3505
The applicant was the mother of a child participating in the NDIS.
She had applied to the National Disability Insurance Agency (NIDA) for sole parental responsibility for the purposes of the NDIS. The NIDA declined this request.
She applied to the AAT for a review of that decision.
The father acknowledged he had no contact with the child since July 2018.
The AAT was not satisfied the parents were able to work together in the best interests of the child.
The Tribunal set aside the decision, giving the Applicant, for the purposes of the NDIS, sole parental responsibility.
If you are you a legal professional looking for current AAT decisions, and appeals against AAT decision, please check out our weekly publication The Bulletin.
The AAT Bulletin contains 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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