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AAT Bulletin

Issue No. 2/2015	12 January 2015
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions. The Bulletin occasionally includes information on legislative changes that affect the AAT and other important developments.  
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
Immigration and Citizenship
Social Security
Taxation
Appeals
Appeals lodged
Appeals finalised

AAT Recent Decisions
This section of the Bulletin provides information about decisions recently published by the AAT.  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.  
Immigration and Citizenship
Al - Boushama and Minister for Immigration and Border Protection [2015] AATA 5; 7/1/2015; Professor R McCallum AO, Member
CITIZENSHIP – eligibility – whether the applicant is a person of good character – decision under review affirmed
Zhao and Minister for Immigration and Border Protection [2015] AATA 6; 7/1/2015; Professor R McCallum AO, Member
CITIZENSHIP – eligibility – whether applicant is of good character – decision under review set aside and remitted
Social Security
Deane and Secretary, Department of Social Services [2014] AATA 970; 18/12/2014; Senior Member RW Dunne
Disability support pension – evidence obtained by respondent that applicant received excessive income during the relevant period – decision of the Social Security Appeals Tribunal referring matter back to Chief Executive Centrelink for reconsideration in accordance with directions – application for extension of time refused
Menzies and Secretary, Department of Social Services [2015] AATA 4; 6/1/2015; Dr I Alexander, Member
Pensions – disability support pension – whether applicant’s conditions were fully diagnosed, treated and stabilised – whether applicant’s impairment is rated 20 points or more under the Impairment Tables – decision affirmed
Smalldon and Secretary, Department of Social Services [2015] AATA 2; 5/1/2015; Dr M Denovan, Member
Pensions, benefits and allowances – Disability Support Pension – DSP – 20 points or more under the Impairment Tables – Seronegative inflammatory arthritis – Fibromyalgia – Costochondritis – Temporomandibular joint dysfunction – Tinnitus – chronic pain – whether fully diagnosed, fully treated and fully stabilised within relevant period – decision under review affirmed
Taxation
The Engineering Manager and Commissioner of Taxation [2014] AATA 969; 24/12/2014; Senior Member G Lazanas
INCOME TAX – assessment – residence of taxpayer – employment in Oman – whether resident of Australia under ordinary concepts test – whether permanent place of abode was outside Australia - decision set aside and substituted

Appeals 
This section of the Bulletin provides information about appeals against AAT decisions that have been lodged or finalised.  Only appeals in relation to AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.  
Appeals lodged
CASE NAME | AAT reference
Contreras v Minister for Immigration and Border Protection & AAT | [2013] AATA 914
Cremona v AAT | [2014] AATA 836
Upson & Upson v Commissioner of Taxation | [2014] AATA 896
Appeals finalised
CASE NAME | AAT reference | court Reference
None Finalised | |

© Commonwealth of Australia 2015

With the exception of the Commonwealth Coat of Arms and any third party material, this work is licensed under a Creative Commons Attribution 3.0 Australia Licence.  Content from this publication should be attributed as: Administrative Appeals Tribunal, AAT Bulletin.
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Enquiries regarding the licence are welcome at aatweb@aat.gov.au. 
This licence is limited to the AAT Bulletin and does not extend to the full text of AAT decisions.  Separate licence terms for AAT decisions can be found on AustLII.  Those terms provide that section 182A of the Copyright Act 1968 applies.

AAT Bulletin		 issue 2/2015 aat