AAT Bulletin
Issue No. 22/2019                      3 June 2019
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, Small Business Taxation, 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. 
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Contents
AAT Recent Decisions
Citizenship
Compensation
Migration
Practice and Procedure
Social Services
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, Small Business Taxation, 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.
Citizenship 
Haidari and Minister for Immigration and Border Protection (Citizenship) [2019] AATA 997 (28 May 2019); Mr R Maguire, Member 
CITIZENSHIP – citizenship cancellation – not of good character – counterfeit driver’s licence – decision under review affirmed
Nguyen and Minister for Home Affairs (Citizenship) [2019] AATA 998 (27 May 2019); Deputy President J W Constance
CITIZENSHIP – application for review of decision to revoke Applicant’s Australian citizenship – where Applicant committed serious breaches of Australian Citizenship Act 2007 (Cth) and Migration Act 1958 (Cth) – where Applicant not otherwise of good character – whether contrary to public interest for Applicant to remain an Australian citizen – whether discretion not to revoke citizenship should be exercised – importance of maintaining integrity of visa and citizenship programs – decision under review affirmed
Compensation
Renouf and Comcare (Compensation) [2019] AATA 1055 (29 May 2019); Deputy President J Sosso
COMPENSATION – benefits and entitlements – Applicant suffering from anxiety disorder/depression – condition initially caused by the Applicant’s employment – whether liability for condition has ceased – Safety Rehabilitation and Compensation Act 1988 (Cth) – decision under review affirmed.
Skobelkin-Mulcair and Comcare (Compensation) [2019] AATA 1054 (29 May 2019); Mark Hyman, Member
WORKERS COMPENSATION – carpal tunnel syndrome and chronic pain condition – diagnosis – whether conditions contributed to by employment to the requisite degree – whether conditions constitutional – psychological overlay – evidence of expert witnesses – whether original causation continues – whether medical treatment provided in relation to accepted or reformulated condition – whether medical treatment reasonable – whether applicant incapacitated – decision set aside and substituted

XBBS and Australian Capital Territory (Compensation) [2019] AATA 1057 (29 May 2019); Mr M Hyman, Member
COMPENSATION – where applicant has an accepted physical injury and a secondary psychiatric condition for which liability has been denied – whether employment contributed in a material degree to the physical condition – equivocal medical evidence – whether employment continues to contribute to applicant’s physical condition – whether physical condition contributed in a material degree to psychiatric condition – whether compensation payable for permanent impairment and non-economic loss – two decisions set aside and substituted – two decisions remitted to the respondent
Migration
PHMK and Minister for Home Affairs (Migration) [2019] AATA 1002 (27 May 2019); Senior Member Theodore Tavoularis
MIGRATION – Non-revocation of mandatory cancellation of visa on character grounds – Class BS Subclass 801 Partner visa – where Applicant did not satisfy the character test – whether there is any other reason why the mandatory cancellation decision should be revoked – application of Primary and Other Considerations in Direction No 79 – decision under review affirmed
Practice and Procedure
RBBT and Child Support Register (Child support second review) [2019] AATA 1051 (29 May 2019); Mr W Frost, Member
CHILD SUPPORT – Application for extension of time – Whether or not the Applicant had received the reviewable decision – Application made within the prescribed timeframe – Set aside and remitted to the Social Services & Child Support Division
Social Services
Betts and Secretary, Department of Social Services (Social services second review) [2019] AATA 1000 (27 May 2019); Ms Anna Burke AO, Member
SOCIAL SECURITY – application for disability support pension – whether qualified – back pain, asthma/cough, generalised anxiety disorder/depression and osteoporosis (left hip pain)– whether impairment attracts rating of 20 points or more under Impairment Tables – whether program of support had been undertaken – decision under review affirmed
Costello and Secretary, Department of Social Services (Social services second review) [2019] AATA 1052 (29 May 2019); Mr C Edwardes, Member
SOCIAL SECURITY – disability support pension – medical conditions – stroke – depression – diabetes – vision – irritable bowel syndrome – chronic pain – no program of support (POS) – decision affirmed

Gulic and Secretary, Department of Social Services (Social services second review) [2019] AATA 1070 (30 May 2019); Dr I Alexander, Senior Member
SOCIAL SECURITY – Disability Support Pension – impairment tables – whether applicant qualified for DSP during claim period – whether condition fully diagnosed, treated, stabilised and likely to persist for more than two years – whether the applicant’s impairment attracts 20 points or more under the Impairment Tables – whether applicant has a continuing inability to work – decision under review affirmed  
Payne and Secretary, Department of Social Services (Social services second review) [2019] AATA 1001 (27 May 2019); Senior Member B J Illingworth
SOCIAL SECURITY – pensions, benefits and allowances – claim for disability support pension rejected – physical, intellectual or psychiatric impairment – whether medical conditions fully diagnosed, fully treated and fully stabilised during the assessment period – whether an impairment rating of 20 points or more existed under the Impairment Tables – decision under review affirmed 
Ringham and Secretary, Department of Social Services (Social services second review) [2019] AATA 1003 (28 May 2019); Senior Member D R Davies 
AGE PENSION – cancellation – rate of age pension calculation – whether applicant is an attributable stakeholder in a designated private trust – whether the overpaid amount is correct – matter remitted
Veterans' Affairs
Schulz and Repatriation Commission (Veterans’ entitlements) [2019] AATA 999 (24 May 2019); Deputy President J Sosso
VETERANS’ AFFAIRS – service pension – surrender of three life insurance policies – income – when was income earned, derived or received – decision affirmed
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, Small Business Taxation, 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	
FCFY and Minister for Home Affairs	[2018] AATA 4184	
GZCK and Minister for Home Affairs	[2019] AATA 656	
Kheir and Minister for Home Affairs	[2019] AATA 146	
Maksoud and Minister for Home Affairs	[2019] AATA 825	
Ward and Minister for Home Affairs	[2019] AATA 581	
Appeals finalised
CASE NAME	AAT reference	court Reference	
None finalised			

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