AAT Bulletin
Issue No. 7/2017	13 February 2017
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
Aviation
Child Support
Citizenship
Migration
Social Security
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.  
Aviation
Morey–Hype and Civil Aviation Safety Authority [2017] AATA 125 (6 February 2017); Senior Member A Poljak
License conditions – class 1 and class 2 medical certificates  – medical certificates issued with conditions – relevant medical standard – safety of air navigation –  chronic pain syndrome – opiate based medication – decision affirmed
Child Support
NMDC and Child Support Registrar (Child support second review) [2017] AATA 139 (31 January 2017); R Perton, Member
Percentage of care– whether calculation should be based on nights of care or hours of care. 
Citizenship
Karatunov and Minister for Immigration and Border Protection [2017] AATA 132 (8 February 2017); Senior Member T Tavoularis
Eligibility – where application for Australian citizenship refused – good character requirements –where Applicant breached Domestic Violence Order – where offending was not disclosed – whether mitigating factors exist – decision under review affirmed
Migration
Laupata and Minister for Immigration and Border Protection [2017] AATA 124 (2 February 2017); Senior Member A Poljak
Visa cancellation – character grounds – substantial criminal record – cancellation decision not revoked – whether another reason cancellation should be revoked – decision affirmed 
Lau and Minister for Immigration and Border Protection [2017] AATA 138 (10 February 2017); Dr C Kendall, Deputy President and Ms L Gallagher, Member
Request for Bridging E (Class WE) visa – exercise of discretion to refuse visa pursuant to s 501 (1) of the Migration Act 1958 – “character test” – “substantial criminal record” – Direction No 65 – primary and other relevant considerations – protection of the Australian community from criminal or other serious conduct – best interests of minor children in Australia (applicant’s daughter) – expectation of the Australian community – other relevant considerations – impact on wife – decision under review
Social Security
Mosavi and Secretary, Department of Social Services [2017] AATA 126 (3 February 2017); Professor R McCallum AO, Member
Carer payment and carer allowance – diabetes mellitus type 1 – behavioural issues – whether qualifying rating of ‘intense’ under determination – whether ACL questionnaire score of 85 or more – decision affirmed
Ristevski and Secretary, Department of Social Services [2017] AATA 127 (3 February 2017); Mrs JC Kelly, Senior Member
Disability support pension – compensation affected payment – preclusion period – whether preclusion period correctly calculated – whether special circumstances – decision under review set aside and remitted
Sciarrotta and Secretary, Department of Social Services [2017] AATA 136 (9 February 2017); I Thompson, Member
Disability support pension – whether the applicant's medical conditions were fully diagnosed, fully treated and fully stabilised within 13 weeks of the claim (the assessment period) – whether conditions attract 20 points or more under the Impairment Tables – whether applicant's conditions warrant a rating of 20 points or more under a single impairment table – applicant not qualified for DSP in the assessment period – decision under review affirmed
Skiba and Secretary, Department of Employment [2017] AATA 133 (8 February 2017); Mrs JC Kelly, Senior Member
Newstart allowance – connection failure – failure to enter into job plan – no reasonable excuse – decision affirmed 
Slamkova and Secretary, Department of Social Services [2017] AATA 137 (10 February 2017); Senior Member JF Toohey
Newstart allowance – whether applicant’s assets exceeded allowable limit – whether property registered in applicant’s name should be excluded – whether applicant held property on trust for her son – express or implied trust – constructive trust – Tribunal not satisfied applicant held property on trust for her son – property to be included in assessing value of the applicant’s assets – decision under review affirmed
Smith and Secretary, Department of Social Services (Social services second review) [2017] AATA 135 (8 February 2017); Mr DJ Morris, Member
Family Tax Benefit (FTB) – whether applicant Australian resident at time of claim – whether FTB child in applicant’s care – factors to have regard to in determining Australian residency – FTB child – original decision affirmed
Star and Secretary, Department of Social Services (Social services second review) [2017] AATA 134 (8 February 2017); Mr C Ermert, Member
Disability Support Pension – cancellation – relevant date – whether conditions attract 20 impairment points – whether conditions fully diagnosed at the relevant date – decision affirmed
Zirilli and Secretary, Department of Social Services (Social services second review) [2016] AATA 1093 (22 December 2016); Senior Member NA Manetta
Disability support pension – whether applicant's medical conditions were fully diagnosed, fully treated and fully stabilised – held – they were not – 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, 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	
Walker v Military Rehabilitation and Compensation Commission	[2017] AATA 9	
Appeals finalised
CASE NAME	AAT reference	court Reference	
Haque v Migration Agents Registration Authority	[2016] AATA 186
	[2016] FCA 1249
[2017] HCASL 3	
Ringshaug v Comcare	[2016] AATA 88	[2017] FCA 48	
Turaga v Minister for Immigration and Border Protection	[2010] AATA 270	[2017] FCA 58	
Chen v Minister for Immigration and Citizenship and AAT	[2016] AATA 620	[2017] FCA 46	
Kulas and Prosegur Australia Pty Ltd (Compensation) 	[2016] AATA 538	[2017] FCA 85	

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