AAT Bulletin
Issue No. 29/2018			 30 July 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. 
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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.
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Contents
AAT Recent Decisions
Citizenship
Compensation
Corporations
Migration
Practice and Procedure
Social Security
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.
Citizenship
Lazar and Minister for Immigration and Border Protection (Citizenship) [2018] AATA 2445 (24 July 2018); Senior Member M Griffin QC
CITIZENSHIP – conferral of Australian citizenship – requirements of citizenship – understanding of nature of application – possess a basic knowledge of the English language – adequate knowledge of Australia and the responsibilities and privileges of Australian citizenship – failure to pass citizenship test – decision affirmed
Compensation
DXVN and Telstra Corporation Limited (Compensation) [2018] AATA 2152 (9 July 2018); Deputy President J Sosso
Workers’ compensation – whether the Applicant suffers a condition outside the boundaries of normal mental functioning and behaviour – when condition arose – whether aggravation of condition contributed to, to a significant degree, by his employment – reasonable administrative action in a reasonable way – counselling action – s 14 Safety, Rehabilitation and Compensation Act 1988 – decision under review affirmed
Lock and Comcare (Compensation) [2018] AATA 2386 (23 July 2018); Deputy President S Boyle
COMPENSATION – commonwealth employee – accepted injuries - partial tear of rotator cuff and lumber sprain – hip, thigh and buttock pain right side – Applicant fell in the course of employment – whether first application is a reviewable decision – right interosseous cyst in the scaphoid and lunate – reasonable medical treatment
Corporations
Alzheimer's Association of Queensland Inc and Australian Securities and Investments Commission [2018] AATA 2403 (20 July 2018); Deputy President RI Hanger AM QC
Transfer of business name – identical or nearly identical business name – whether business name available to an entity – whether discretion available to ASIC to refuse to transfer and register business name – decision under review affirmed

Migration
NBCM and Minister for Home Affairs (Migration) [2018] AATA 2387 (23 July 2018); Senior Member L Kirk
MIGRATION – section 501 visa cancellation – Class TY Subclass 444 Special Category visa – failure to pass character test – substantial criminal record – sentenced to two or more terms of imprisonment totaling 12 months – whether the discretion to cancel the visa should be exercised – application of Direction 65 – protection of the Australian community – best interests of minor children affected by the decision – expectations of the Australian community – other considerations – decision affirmed
Practice and Procedure
ACN 154 520 199 Pty Ltd and Commissioner of Taxation (Taxation) [2018] AATA 2404 (23 July 2018); Deputy President B J McCabe and Senior Member G Lazanas
PRACTICE AND PROCEDURE – objection to summons – where summons issued to third party – where summons issued to obtain evidence going to credit of expert witnesses – where submitted that materials sought was not for a ‘legitimate forensic purpose’ – where submitted that the scope of the summons is too broad or oppressive – where applicant undertook to pay reasonable costs arising from summons – where decided summons in relation to certain categories appropriate – and in relation to a category too broad – where decided applicant to provide revised summons to be issued to third party
Fitzgibbon and Secretary, Department of Social Services (Social services second review) [2018] AATA 2385 (23 July 2018); DK Grigg, Member
PRACTICE AND PROCEDURE – dismissed for non-appearance – application for reinstatement – where no corroborated reason for non-appearance – consideration of the merits – application for reinstatement refused
Social Security
De Silva Wijeyeratne and Secretary, Department of Social Services (Social services second review) [2018] AATA 2443 (24 July 2018); Ms A Burke, Member
SOCIAL SECURITY – disability support pension –– whether qualified – bilateral knee and mental health conditions – whether impairment attracts rating of 20 points or more under Impairment Tables – whether program of support had been undertaken – decision affirmed
Tang and Secretary, Department of Social Services (Social services second review) [2018] AATA 2442 (18 July 2018); Professor R McCallum AO, Member
SOCIAL SECURITY – disability support pension – 13 week qualifying period – impairment tables – fully diagnosed – fully treated – fully stabilised – neck and lower back pain – upper limb condition – lower limb condition – hearing loss – decision affirmed

Veterans' Affairs
Clarke and Repatriation Commission (Veterans’ entitlements) [2018] AATA 2246 (13 July 2018); Deputy President J Sosso
VETERANS’ ENTITLEMENTS – war widow pension – service in Malaya and Thailand – Deledio test – Statement of Principles No. 37 of 2013 – where veteran died of malignant neoplasm of the colorectum – whether the veteran’s smoking habit increased during his operational service – whether his increase in smoking habit was connected to his rendering of operational service
  
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	
ZMBZ and Minister for Immigration and Border Protection	[2018] AATA 1869	
Appeals finalised
CASE NAME	AAT reference	court Reference	
Hong v Minister for Immigration and Border Protection	[2017] AATA 2386 	[2018] FCA 1085	
Leota v Minister for Home Affairs	[2017] AATA 1365	[2018] FCA 1073	

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