AAT Bulletin
Issue No. 21/2018			4 June 2018
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. It occasionally includes information on legislative changes that affect the AAT. 
It is recommended that the Bulletin be read on-line. This has the advantage of allowing the reader to use hyperlinks to access the full text of cases and other internet sites mentioned in the Bulletin.
The AAT does not make any representation or warranty about the accuracy, reliability, currency or completeness of any material contained in this Bulletin or on any linked site. While the AAT makes every effort to ensure that the material in the Bulletin is accurate and up-to-date, you should exercise your own independent skill and judgement before you rely on it. Information contained in this Bulletin is not legal advice and is intended as a general guide only.  You should rely on your own advice or refer to the full cases and legislation in relation to any proceedings.
Enquiries regarding this publication may be directed to aatweb@aat.gov.au.

Contents
AAT Recent Decisions
Child Support
Citizenship
Compensation
Corporations
Education and Research
Freedom of Information
Migration
National Disability Insurance Scheme
Practice and Procedure
Public Service
Refugee
Social Security
Taxation
Trade and Commerce
Veterans' Affairs
Appeals
Appeals lodged
Appeals finalised

AAT Recent Decisions
This section of the Bulletin provides information about all decisions recently published in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Taxation & Commercial and Veterans’ Appeals. This list also includes selected child support decisions published by the Social Services & Child Support Division and examples of recent decisions published by the Migration & Refugee Division.  Only AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.
Child Support
Longley and Amesbury (Child support) [2018] AATA 1227 (27 March 2018); Member W Kennedy 
Child support – Court ordered percentages of care – Change to likely pattern of care – Decision under review affirmed 
Brechin and Brechin (Child support) [2018] AATA 1224 (28 March 2018); Member S Letch 
Child support – Percentages of care – No change to the likely pattern of care – Decision under review affirmed 
Maidwell and Routledge (Child support) [2018] AATA 1235 (3 April 2018); Member J Thomson 
Child support – Departure from assessment – Costs of education – Manner of education expected by both parents – Decision under review set aside and substituted 
Ranford and Moreton (Child support) [2018] AATA 1234 (4 April 2018); Member J Cuthbert 
Child support – Application for an administrative assessment – Whether application should be accepted – Whether the liable parent was a resident of Australia – Decision under review affirmed 
Turrell and Turrell (Child support) [2018] AATA 1219 (29 March 2018); Member A Byers 
Child support – Estimate of adjusted taxable income correctly made – Decision under review set aside and substituted 
Citizenship
Sami and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 1455 (28 May 2018); Dr L Bygrave, Member
CITIZENSHIP – resident return subclass BB-155 permanent visa – citizenship by conferral – good character – previous convictions – domestic violence – traffic offences – failure to disclose offences – character references – decision affirmed
Yalda and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 1460 (31 May 2018); Senior Member M Griffin QC
CITIZENSHIP – application for citizenship by conferral – refusal of citizenship – general eligibility criteria – failed citizenship examination – knowledge of English language – ability to re-sit examination – additional material not available to the original decision-maker – decision affirmed
Compensation
Fairbrother and Reserve Bank of Australia (Compensation) [2018] AATA 1339 (25 May 2018); Deputy President JW Constance
COMPENSATION – psychological injury – bipolar depressive condition – whether Applicant suffered an ailment or aggravation of an ailment – whether the ailment or aggravation was contributed to, to a significant degree, by Applicant’s employment – whether the ailment or aggravation was suffered as a result of administrative action taken in respect of Applicant’s employment – whether administrative action reasonable – performance improvement process – whether administrative action taken in a reasonable manner – decision affirmed
Tucker and Comcare (Compensation) [2018] AATA 1251 (10 May 2018); Senior Member E Fice
COMPENSATION – claim for permanent impairment and non-economic loss – claim for household and attendant care services – 10% whole person impairment – 28% non-economic loss – decision on permanent impairment and non-economic loss set aside and remitted with directions in accordance with Tribunal reasons – Applicant able to provide for her personal care and does not reasonably require assistance with household or attendant care services – decision on household and attendant care services affirmed
PRACTICE AND PROCEDURE – evidence – no evidence from any witness who has observed the Applicant’s degree of incapacity arising from psychological injury – medical practitioners who have treated Applicant relied exclusively on her self-reporting of what she can and cannot do – Tribunal asked to form a view on credibility of applicant’s evidence – demeanour in the witness box not necessarily indicative of the truthfulness of a witness – objective evidence against which an applicant’s evidence can be compared is preferable
Warner and Comcare (Compensation) [2018] AATA 1403 (29 May 2018); Deputy President K Bean
WORKERS’ COMPENSATION – Where applicant suffered two falls that both resulted in compensable back injuries – Where delegate’s determination was only with respect to the later injury – Where description of the later injury was erroneous – Where the applicant is now of an advanced age – Whether the Tribunal should amend the description of the later injury – Whether the effects of the later injury are continuing – Decision under review set aside and substituted
Corporations
Wang and Australian Securities and Investments Commission [2018] AATA 1405 (21 May 2018); Deputy President I Hanger AM QC
CORPORATIONS ACT – banning order – permananent ban – where applicant involved in multiple business enterprises – applicant held position as director of multiple companies – Australian Financial Services Licence – whether applicant breached a financial services law – whether applicant was dishonest – whether applicant is of good fame and character – decision under review affirmed

Education and Research
Sunrising Family Day Care Pty Ltd and Secretary, Department of Education and Training [2018] AATA 1463 (28 May 2018); Senior Member C Puplick AM
CHILDCARE – education and care services national law – family assistance law – child care benefit – continued approval of a service – breach of conditions of provider approval – failure of governance arrangements – repeated non-compliance – recklessness – fraud – suitable person to operate a child care service – appropriate penalty – decision affirmed
Freedom of Information
Denhollander and Secretary, Department of Defence (Freedom of information) [2018] AATA 1345 (25 May 2018); Senior Member Britten-Jones
FREEDOM OF INFORMATION – On current application to what extent could Tribunal inform itself about relevant findings of fact in previous 2002 decision – Applicant seeking to rely upon further information – Applicant seeking to reopen proceedings before AAT for rehearing of his application – Application to amend the same AF Med 1 form, the subject of previous applications – Open to Tribunal to regard previous decision as determinative of an issue and decide that an issue should not be reopened – Tribunal has discretion in those circumstances to take such a course – Requirements of procedural fairness – Opportunity to re-agitate findings of fact – Decision affirmed
Migration
Hawkins and Minister for Home Affairs (Migration) [2018] AATA 1462 (1 June 2018); Senior Member T Tavoularis
MIGRATION – non-revocation of visa cancellation – where Applicant fails character test – where Applicant has committed over 180 offences – whether there is another reason to revoke the cancellation of Applicant’s visa – primary considerations – other considerations – decision under review affirmed
Liyanage and Minister for Home Affairs (Migration) [2018] AATA 1375 (28 May 2018); Dr M Evans, Senior Member
Migration – decision not to revoke mandatory cancellation of visa – two-day rule - character test substantial criminal record – criminal history spanning over 17 years – Ministerial Direction no. 65 – primary and other considerations - protection of the Australian community – best interests of minor children – expectations of the Australian community – nature and seriousness of criminal offending – risk of engaging in future criminal conduct – strength, nature and duration of ties to Australia – extent of impediments if returned to Sri Lanka – decision under review affirmed
Nguyen and Minister for Immigration and Border Protection (Migration) [2018] AATA 1340 (24 May 2018); Ms A Burke, Member
MIGRATION – Visa refusal – applicant is a citizen of Vietnam – applicant applied for a partner visa – applicant does not pass character test in s 501(6)(a) and 7(c) – applicant not of good character on account of substantial criminal record – whether discretion to refuse visa should be exercised – applicant does not present unacceptable risk of reoffending – minor child in Australia – decision affirmed
Pomare and Minister for Home Affairs (Migration) [2018] AATA 1401 (29 May 2018); Senior Member M Griffin QC
MIGRATION – non-revocation of decision to cancel visa – failure to pass character test – Ministerial Direction 65 applied – protection of the Australian community – nature and seriousness of conduct – risk to the Australian community – best interests of child – expectations of Australian community – other considerations – decision affirmed
YLHG and Minister for Immigration and Border Protection (Migration) [2018] AATA 1454 (25 May 2018); Ms K Millar, Member
MIGRATION – mandatory visa cancellation – criminal record – application for protection visa refused s 36(1C) of the Migration Act – Direction 75 – conviction of serious crime – decision under review affirmed
Singh (Migration) [2018] AATA 1392 (11 April 2018); Member S Witts 
Migration – Student (Temporary) (Class TU) – Subclass 500 (Student) – Subclass 573 (Higher Education Level) visa cancelled – Significant changes in career orientation – No link between current course and career plan – Incentives to remain in Australia – Improved remuneration –Sister in Australia – Attempt to maintain ongoing residential status – Decision under review affirmed
AIR VYD PTY LTD (Migration) [2018] AATA 1253 (16 April 2018); Member P Emmerton 
Migration – Nomination approval – Direct Entry Nomination stream – Regional Sponsored Migration Scheme position – No certification from a regional body – Practice and Procedure – Tribunal request for further information – Applicant did not respond to Tribunal’s letter – No entitlement to a hearing – Decision under review affirmed
Alfasi (Migration) [2018] AATA 1415 (23 April 2018); Member J Marquard 
Migration – Visitor (Class FA) visa – Subclass 600 (Visitor) – Entered Australia on a Subclass 462 Working Holiday visa – Wished to travel further in Australia – No response to hearing invitation – Tribunal made its decision on review – Exceptional circumstances – Unable to discuss the applicant’s circumstances – Applicant out of Australia at the time of the application – Decision under review affirmed
HABIB (Migration) [2018] AATA 1416 (26 April 2018); Member L Holub 
Migration – Visitor (Class FA) visa – Subclass 600 (Visitor) – Sponsored Family stream – Whether the applicant is a genuine temporary entrant – Visa applicant – Plans to visit extended family – Never travelled to Australia – Family members have visited Australia and complied with visa conditions –Visa applicant is a non-English speaker – Review applicant will fund the trip to Australia – Needs to return to Lebanon to finish schooling – Decision under review remitted

National Disability Insurance Scheme
QZHH and National Disability Insurance Agency [2018] AATA 1465 (31 May 2018); Ms K Parker, Member
NATIONAL DISABILITY INSURANCE SCHEME – NDIS participant is a young child who has complex and high care needs – review of an interim review decision of the National Disability Insurance Agency relating to a decision to approve a statement of participant supports in the participant’s NDIS plan – participant’s plan ceased to have effect as it was replaced by subsequent NDIS plans – characterisation of the Tribunal’s decision – whether the Tribunal’s decision enlivened the participant’s previous plan to allow for the participant to access the approved supports at the current time – supports in dispute included the level of personal care support, client-specific training of carers, backup nursing support at times when there were no carers available to provide personal care to the participant, and music therapy – whether the requested additional or increased supports were reasonable and necessary supports – level of personal care support that is reasonable to expect each of the participant’s parents to provide, in light of their respective mental health conditions and simultaneous need also to care for the participant’s sibling – consideration of the Carer Recognition Act 2010 – intersection with supports provided under the general health system – intersection with supports provided under the general education system – reviewable decision set aside and decision of Tribunal substituted
Practice and Procedure
Fortunatow and Commissioner of Taxation (Taxation) [2018] AATA 1453 (4 May 2018); Senior Member RW Dunne
PRACTICE AND PROCEEDURE – objection to summons to produce documents – grounds on which Summons may be set aside – adjectival relevance – parameters of abuse of process – whether oppressive – summons set aside
Mpofu and Minister for Home Affairs (Citizenship) [2018] AATA 1344 (25 May 2018); Dr L Bygrave, Member
PRACTICE AND PROCEDURE – extension of time application – whether it is reasonable in all the circumstances to grant the extension – explanation for delay – prejudice – whether substantive matter has merit – citizenship by conferral – general and special residence requirements – defence service requirement – extension of time application refused
Oliver and Comcare (Compensation) [2018] AATA 1351 (17 May 2018); Member M Hyman 
PRACTICE AND PROCEDURE – summons – objection to inspection of summoned documents – relevance – other considerations – inspection granted
Simpson and National Disability Insurance Agency [2018] AATA 1326 (22 May 2018); Deputy President G Humphries
PRACTICE AND PROCEDURE – jurisdiction – whether there has been an internal review decision – application to review by telephone – whether the National Disability Insurance Agency met its requirement to review the access decision as soon as reasonably practicable – whether telephone call constitutes a decision or evidence of a decision – operation of s 25(5) of the Administrative Appeals Tribunal Act 1975 – Tribunal has jurisdiction
Trades College Australia Pty Ltd and Australian Skills Quality Authority [2018] AATA 1360 (24 May 2018); Mr A Maryniak QC, Member
PRACTICE AND PROCEDURE – stay application – Applicant’s registration cancelled under National Vocational Education and Training Regulator Act 2011 and renewal of registration as an RTO refused– consideration of factors as to whether stay should be granted – public interest – financial circumstances of Applicant – whether application rendered nugatory if stay not granted – stay applications refused
Uvea and Minister for Home Affairs (Migration) [2018] AATA 1356 (23 May 2018); Senior Member C Puplick AM
PRACTICE AND PROCEDURE – Jurisdiction – whether Tribunal has jurisdiction to review matter – mandatory cancellation of visa – application for revocation of cancellation out of time – no reviewable decision – delivery of mail to inmates in custodial institutions – no jurisdiction found
ZFCC and Comcare (Compensation) [2018] AATA 1358 (22 May 2018); Deputy President G Humphries
PRACTICE AND PROCEDURE – objection by the Applicant to the Respondent’s inspection of material produced under summons – relevance of the material produced under summons to the issues raised by the reviewable decision – objection disallowed
RBPK and Innovation and Science Australia [2018] AATA 1404 (10 May 2018); The Hon. Justice DG Thomas and Deputy President BJ McCabe
Application for a split hearing – where submitted that economies will be derived from two-stage hearing process – application opposed – where submitted that first stage of hearing will inform process approach to second stage of hearing – where application for split hearing made before all evidence filed – where decided application for a split hearing is premature
Taylor and Comcare (Compensation) [2018] AATA 1354 (23 May 2018); Senior Member C Puplick AM
PRACTICE AND PROCEDURE – extension of time decision – reasons for delay – prejudice to the Respondent – mere absence of prejudice not enough to justify granting extension – merits of the substantive application – considerations of fairness – decision set aside and remitted
Public Service
MCLT and Director-General of Security [2018] AATA 1359 (25 May 2018); Deputy President SA Forgie, Senior Member E Fice and Senior Member A Nikolic AM CSC
NATIONAL SECURITY – adverse security assessment – refusal to grant a Negative Vetting 1 security clearance – relevance of particular prescribed administrative action - decision affirmed

Refugee
1516895 (Refugee) [2018] AATA 1323 (23 April 2018); Senior Member S Roushan 
Refugee – Protection visa – Lebanon – Tripoli – Threats of harm by former fiancé – Fear of harm by former fiancé and armed Sunni extremist group – Fear of forceful recruitment by ISIS – Credibility issues – No real chance or real risk of serious or significant harm – Practice and Procedure – Invalid s438 certificates – Reasons not sufficient basis for public interest immunity – Decision under review affirmed
1507404 (Refugee) [2018] AATA 1428 (27 April 2018); Member A Paxton 
Refugee – Protection Visa – India – Federal Circuit Court remittal – Particular social group – Elderly widowed women in Punjab – Faces a real chance of gender-based discrimination – State protection not available – Relocation not reasonable – Decision under review remitted
1600746 (Refugee) [2018] AATA 1318 (30 April 2018); Member N Lamont 
Refugee – Protection visa – Samoa – Whether there is a well-founded fear of persecution – Ongoing village land dispute – Assaulted – Consistent evidence regarding ongoing dispute – Exaggerated claimed fear of harm – Stayed as an unlawful citizen – Delay in applying for protection – Australian partner and children – Wants to apply for a partner visa – Decision under review affirmed
1710327 (Refugee) [2018] AATA 1321 (1 May 2018); Senior Member L Nicholls 
Refugee – Protection visa – Iran – Social group – Breached Iranian social mores – Affair with a married woman – Political opinion – Expressed anti regime political opinions – Minor Green Movement supporter – Confrontations with the police – Social media posts – Religion – Interested in Christianity – Considered an apostate – Failed asylum seeker – Returnee from the West – Second named applicant – Decision under review affirmed
1615725 (Refugee) [2018] AATA 1255 (2 May 2018); Member R Gagliardi 
Refugee – Protection visa – Malaysia – Social group – Homosexual men in Malaysia – Victim of taunts and humiliation – Victim of isolation and alienation – Fear of systematic discrimination – Credible witness – Decision under review remitted
1614621 (Refugee) [2018] AATA 1320 (7 May 2018); Member N Burns 
Refugee – Protection visa – Sri Lanka – Federal Circuit Court remittal – Fear of persecution – Tamil National Alliance (TNA) supporter – Abduction by the Karuna group – Failed Asylum seeker – Claimed mental health issues – Not of ongoing interest with Sri Lankan authorities – Decision under review affirmed
Social Security
Athurugiriya and Secretary, Department of Social Services (Social services second review) [2018] AATA 1458 (31 May 2018); Ms DK Grigg, Member
SOCIAL SECURITY – disability support pension – whether impairments permanent – decision under review affirmed

Bamford and Secretary, Department of Social Services (Social services second review) [2018] AATA 1402 (28 May 2018); Mrs JC Kelly, Senior Member
SOCIAL SECURITY – Disability Support Pension – compensation for loss of income as a result of injury – “lump sum” – preclusion period – s 1184K, “special circumstances” discretion – meaning of “special circumstances” – purchase of home generally not taken to be “special circumstances” – undue influence of carer – lack of capacity due to alcohol abuse and depression not found – decision affirmed
Dickinson and Secretary, Department of Social Services (Social services second review) [2018] AATA 1343 (25 May 2018); Ms AF Cunningham, Senior Member
SOCIAL SECURITY – age pension – member of a couple – applicant and wife reside in Thailand – exercise of discretion to treat applicant as not being a member of a couple – no special reason to justify exercise of discretion – decision under review affirmed
Edwards and Secretary, Department of Social Services (Social services second review) [2018] AATA 1461 (31 May 2018); Senior Member PJ Clauson
SOCIAL SECURITY – disability support pension – requirement that the person’s impairment is of 20 points or more under the Impairment Tables not met – decision under review affirmed
Hahnheuser and Secretary, Department of Social Services (Social services second review) [2018] AATA 1342 (23 May 2018); Senior Member PE Nolan
SOCIAL SECURITY – DISABILITY SUPPORT PENSION – whether Applicant had conditions that were fully diagnosed, treated and stabilised during the relevant period – whether Applicant had 20 impairment points – lower limb conditions –– multiple conditions causing common impairment – below knee amputation – diabetic ulcer – Applicant has 10 impairment points – decision under review is affirmed
Hanna and Secretary, Department of Social Services (Social services second review) [2018] AATA 1347 (22 May 2018); Senior Member C Puplick AM
SOCIAL SECURITY – entitlement to carer payment – whether applicant can claim back payment –determining rate of payment - interpretation of “loan” or “gift” and “assessable asset” – Financial Management Order – decision under review affirmed
Khan and Secretary, Department of Social Services (Social services second review) [2018] AATA 1349 (24 May 2018); Professor R McCallum AO, Member
SOCIAL SECURITY – disability support pension – application refused – impairment tables – whether disability is fully diagnosed, treated and fully stabilised – whether impairments attract 20 points or more under the Impairment Tables – upper limb impairments – lower back pain – skin allergies – depression and anxiety – decision under review affirmed

Ladley and Secretary, Department of Social Services (Social services second review) [2018] AATA 1346 (23 May 2018); Senior Member PE Nolan
SOCIAL SECURITY – DISABILITY SUPPORT PENSION – whether Applicant had conditions that were fully diagnosed, treated and stabilised during the relevant period – whether Applicant had 20 impairment points – anxiety condition – terminal dysthyroidism – chronic obstructive airways disease – hypertension – hypercholesterolemia – Applicant has 10 impairment points – decision under review is affirmed
Looney and Secretary, Department of Social Services (Social services second review) [2018] AATA 1341 (23 May 2018); Senior Member PE Nolan
SOCIAL SECURITY – DISABILITY SUPPORT PENSION – whether Applicant had conditions that were fully diagnosed, treated and stabilised during the relevant period – whether Applicant had 20 impairment points – spinal condition – mental health condition – drug and alcohol dependence – lower limb condition – Applicant cannot be assigned impairment points – decision under review is affirmed
Mangini and Secretary, Department of Social Services (Social services second review) [2018] AATA 1459 (31 May 2018); Member Brigadier AG Warner 
SOCIAL SECURITY – Newstart Allowance – whether Applicant paid in excess of correct entitlement – whether debt is recoverable – whether debt should be waived administrative error – special circumstances – whether debt should be written off – special circumstances discretion enlivened – decision under review set aside and substituted – Newstart Allowance debt waived
Noakes and Secretary, Department of Social Services (Social security) [2018] AATA 1457 (23 May 2018; Senior Member T Tavoularis
Disability Support Pension – portability – overseas travel by Applicant exceeded “allowable absence” – no determination in place for unlimited portability – no formal request for unlimited portability – power of Tribunal to dismiss proceedings – whether proceedings have any reasonable prospects of success – application dismissed pursuant to s 42B of the Administrative Appeals Tribunal Act 1975 (Cth)
O'Hara and Secretary, Department of Social Services (Social services second review) [2018] AATA 1350 (24 May 2018); Ms DK Grigg, Member
SOCIAL SECURITY – Newstart Allowance – overpayment – where applicant spent time overseas – where no administrative error – whether special circumstances – decision under review affirmed
Raschilla and Secretary, Department of Social Services (Social services second review) [2018] AATA 1352 (23 May 2018); Senior Member W Stefaniak AM RFD
SOCIAL SECURITY – Age Pension – overpayment of age pension due to miscalculation of combined income with partner – when is mail considered to be received – no special circumstances – no basis to write off or waive debt – decision under review affirmed

Sehra and Secretary, Department of Social Services (Social services second review) [2018] AATA 1353 (23 May 2018); Deputy President K Bean
SOCIAL SECURITY – Age pension and disability support pension – Where applicants have separated but not divorced – Where applicant relocates to a different state but subsequently moves back into the family home – Whether applicants are members of a couple – Decisions under review set aside and substituted
Spark and Secretary, Department of Social Services (Social services second review) [2018] AATA 1456 (31 May 2018); Ms DK Grigg, Member
SOCIAL SECURITY – compensation preclusion payment – calculation of preclusion period – where no special circumstances – decision under review varied
Traill and Secretary, Department of Health (Social services) [2018] AATA 1355 (18 May 2018); Deputy President J Sosso
HEALTH – aged care – assessment of value of Applicant’s assets – carer – carer close friend and god daughter – whether premises occupied by carer for  two years prior to the Applicant entering permanent aged care – decision under review set aside
Williams and Secretary, Department of Social Services (Social services second review) [2018] AATA 1357 (10 May 2018); Member C Edwardes 
Social Security – disability support pension – impairment tables – did applicant have 20 impairment points – continuing inability to work rating – participation in program of support - decision under review affirmed
Taxation
Jonshagen and Commissioner of Taxation (Taxation) [2018] AATA 1338 (23 May 2018); Deputy President S Boyle
INCOME TAX – application for an extension of time to lodge an objection to an amended notice of assessment – general anti-avoidance provisions (Part IVA) – reason for failure to object in time – circumstances attendant upon the delay – Applicant had entered into a settlement deed – the decision under review is affirmed
TZSX and Commissioner of Taxation (Taxation) [2018] AATA 1348 (24 May 2018); Deputy President S Boyle (pseudonym applied pursuant to order dated 9 July 2018)
INCOME TAX – departure prohibition order – departure authorisation certificate – whether security given is satisfactory for the person’s return to Australia – decision under review is affirmed
Trade and Commerce
WKNH and Australian Securities and Investments Commission [2018] AATA 1325 (22 May 2018); Senior Member E Fice
BUSINESS NAME REGISTRATION – availability of business name for registration – proposed business name of ‘Fruit Freaks Eastland’ – whether business name unavailable due to being of a kind that is undesirable – whether a real, not remote, chance that business name would be offensive to members of the public or members of a section of the public – decision affirmed

Veterans' Affairs
MacKenzie and Repatriation Commission (Veterans’ entitlements) [2018] AATA 1374 (25 May 2018); Senior Member M J McGrowdie
Veteran deceased – claim for pension by widow - whether disease caused by operational service – clinical onset of disease – malignant neoplasm of the prostate – relevant Statement of Principles – alcohol consumption connecting to death from malignant neoplasm of the prostate – reasonable hypothesis – decision set aside and substituted – applicant entitled to widow’s pension
Appeals
This section of the Bulletin provides information about appeals that have been lodged or finalised against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Taxation & Commercial and Veterans’ Appeals Divisions.  Information is only included about appeals relating to AAT decisions that have been published on AustLII.  Full copies of the decisions can be accessed through the hyperlinks provided below.  
Appeals lodged
CASE NAME	AAT reference	
Haughey and Military Rehabilitation and Compensation Commission	[2018] AATA 969	
Oluwafemi and Minister for Home Affairs 	[2018] AATA 690	
Trades College Australia Pty Ltd and Australian Skills Quality Authority	[2018] AATA 1360	
Turanga and Minister for Home Affairs	[2018] AATA 871	
YKZZ and Minister for Immigration and Border Protection	[2018] AATA 970	
Appeals finalised
CASE NAME	AAT reference	court Reference	
None finalised		

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