Freedom of Information Division

Australian Associated Press Pty Limited and Secretary, Department of Home Affairs [2018] AATA 741

The Office of the Australian Information Commissioner (OAIC) made a decision to grant only limited access to certain documents of the Department of Immigration and Border Protection (the Department) which relate to visas granted personally by the Minister. On 3 April 2018, the Administrative Appeals Tribunal affirmed the decision.

Thomas; Secretary, Department of Defence and (Freedom of information) [2018] AATA 604

The Office of the Australian Information Commissioner (OAIC) made a decision to give the respondent, a journalist, access to a series of text messages sent between the Chief and Vice Chief of the Australian Defence Force (ADF). The Administrative Appeals Tribunal set aside this decision and made an order that access to the text messages be refused.


General Division

Banerji and Comcare (Compensation) [2018] AATA 892

The applicant was refused workers compensation for post-traumatic stress disorder after her employment in the public service was terminated for breaches of the APS code of conduct due to her use of an anonymous twitter account to post tweets about the then government and the Department she worked for. The Tribunal set aside the decision. 

 

Oates and Secretary, Department of Social Services (Social services second review) [2018] AATA 410

The parties to the matter were the parents of three children who had separated but remained living together in the same residence. The Tribunal considered the percentage of care each parent had of the children for child support purposes.


Migration and Refugee Division

1509786 (Refugee) [2018] AATA 715

An application made by a family of three for Protection visas was refused by a delegate of the Minister for Immigration and Border Protection. The applicant seeking protection claimed he would be persecuted if returned to Libya because of his association with the Gaddafi regime and his active participation in revolutionary activities. The Administrative Appeals Tribunal remitted the matter for reconsideration.

FU (Migration) [2018] AATA 732

A delegate of the Minister for Immigration and Border Protection cancelled the applicant’s Student visa. The applicant was a 30 year old Chinese citizen who had manslaughter charges against her at the time of the decision. The Administrative Appeals Tribunal set aside the decision and replaced it with one not to cancel the visa.

Li (Migration) [2018] AATA 587

A delegate of the Minister for Immigration and Border Protection refused to grant the applicant a Subclass 820 (Partner) visa because he was not the holder of a substantive visa and did not meet the criteria in Schedule 3 to the Migration Regulations 1994 . The Administrative Appeals Tribunal affirmed the decision.

Paudel (Migration) [2018] AATA 600

A delegate of the Minister for Immigration and Border Protection refused the applicant’s Student visa. The issue before the Tribunal was whether the applicant intended to genuinely stay in Australia temporarily for the purposes of study. The Administrative Appeals Tribunal affirmed the decision.


Social Services and Child Support Division

Hellier and Rutter (Child support) [2018] AATA 541

The Tribunal varied a decision made by an objections officer of the Department of Human Services to adjust the applicant’s adjusted taxable income for the purposes of a child support assessment. The decision concerned the application of the assessment formula where a parent's income, financial resources, property and earning capacity may not accurately reflect the income used for a child support assessment.

Kendall and Child Support Registrar (Child Support) [2018] AATA 257

The Tribunal reviewed the assessment of the percentages of care for two separated parents where the child support assessment did not reflect the actual care of the child. 


National Disability Insurance Scheme Division

LNMT and National Disability Insurance Agency [2018] AATA 431

The applicant, a girl aged 11 who suffered from blindness, epilepsy and cognitive impairments, requested further variations to her participant plan under the National Disability Insurance Scheme to provide funding for additional supports. The Tribunal varied her plan providing additional supports.