General Division

GSKD and Minister for Immigration and Border Protection (Migration) [2018] AATA 1078

The Department of Home Affairs refused the applicant's partner visa on the basis that he did not pass the character test due to multiple convictions for sex offences against a minor girl in the United States. The Tribunal affirmed the decision. 

Healy and Minister for Home Affairs (Migration) [2018] AATA 1051

The Department of Home Affairs refused the applicant's skilled visa on the basis that he did not pass the character test  due to a conviction of culpable homicide in South Africa. The Tribunal set aside the decision. 

Kumar and Minister for Home Affairs (Migration) [2018] AATA 1105

The applicant’s Employer nomination visa was refused by a delegate of the Minister for Immigration and Border Protection as he did not pass the 'character test' due to an indecent assault offence. The Tribunal set aside the decision and in substitution decided the applicant should not be refused the visa.

Stathopoulos and Comcare (Compensation) [2018] AATA 651

The applicant was refused compensation for an injury she suffered after falling and hitting her head walking from her car in a car park connected to the building she worked in. The Tribunal decided Comcare was liable for the injury as it was sustained in the course of her employment.


Migration and Refugee Division

1615725 (Refugee) [2018] AATA 1255

The Department of Immigration and Border Protection refused the applicant’s Protection visa. The applicant claimed he could not return to Malaysia due to his homosexuality as he would be subject to discrimination and abuse. The Tribunal set aside the decision. 

1801792 (Refugee) [2018] AATA 665

The Department of Immigration and Border Protection refused the applicant's Protection visa. The applicant claimed to fear returning to India on the basis of his religious beliefs, specifically his devotion to Dera Sacha Sauda (DSS). He claimed members of the religious organisation were targeted for harm in India. The Tribunal affirmed the decision. 

BM SYDNEY BUILDING MATERIALS PTY LTD (Migration) [2018] AATA 502

The Department of Immigration and Border Protection refused the applicant's nomination of an occupation for a Subclass 457 visa. The applicant operated a building materials supply business and had nominated the visa applicant for a position. The Tribunal was not satisfied that the position required by the business was the nominated occupation and affirmed the decision. 

Sheikh (Migration) [2018] AATA 1056

The Department of Immigration and Border Protection refused the visa applicant's Student visa. The visa applicant was a child residing in Somalia and both of his parents were deceased. His maternal aunt, an Australian citizen, was his carer and was attempting to return home to Australia to her family with the child. The Tribunal set aside the decision. 


Social Services and Child Support Division

Carrington and Carrington (Child support) [2018] AATA 953

The Tribunal reviewed the amount of child support payable by a liable party when they had not lodged income tax returns. 

Jennings and Bramley (Child support) [2018] AATA 960

The Tribunal reviewed the assessment of the percentages of care for two separated parents where the care percentages of the children where changed on multiple occasions. 


Taxation and Commercial Division

MMFT and Commissioner of Taxation (Taxation) [2018] AATA 772

The applicant failed to lodge income tax returns for a number of years and the Commissioner of Taxation made default assessments of his income. The applicant objected to the assessments and the Commissioner disallowed the objection. the Tribunal affirmed the decision.