Title: AAT Bulletin Issue No. 45/2015 (RTF version)
Author: Ariana Zajmi
Company: Administrative Appeals Tribunal

AAT Bulletin
Issue No. 45/2015			9 November 2015
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 information about decisions of interest recently published in the AAT’s Migration & Refugee Division. It occasionally includes information on legislative changes that affect the AAT. 
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Contents
AAT Recent Decisions
Citizenship
Compensation
Migration and Refugee
Practice and Procedure
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 Divisions as well as about select decisions recently published in 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
LHJS and Minister for Immigration and Border Protection (Citizenship) [2015] AATA 842 (30 October 2015); Ms R Perton, Member
Application for Australian citizenship – conviction for indecent assault – suspended sentence – whether applicant of good character at time of decision
Compensation
Dainty and Comcare (Compensation) [2015] AATA 844 (2 November 2015); Dr D Cremean, Senior Member
Carpal tunnel syndrome and ganglion – whether conditions related to employment – decision under review affirmed
Migration and Refugee
1504363 (Migration) [2015] AATA 3432 (14 September 2015); G Cullen, Member
Student (Temporary) (Class TU) visa – Subclass 573 Higher Education Sector – cl 573.227 – Holder of subclass 600 visa at time of application – Exceptional reasons – Benefit to Australia - Study in Australia will enhance service to Filipino community – Decision under review remitted
1503287 (Migration) [2015] AATA 3430 (18 September 2015); C Wilson, Member
Partner (Residence) (Class BS) – Subclass 801 – cl 801.226 – PIC 4020 – Applicant provided false and misleading information – PIC 4020 amendment  applies only to applications made on or after 24 November 2012 – Date of application 4 January 2008 – Decision under review remitted
1417442 (Migration) [2015] AATA 3435 (23 September 2015); H McGlade, Member
Child (Residence) (Class BT) visa – Subclass 802 – cl 802.225 – Public Interest Criteria 4017 – Law of applicant's home country – Consent granted by biological father – Decision under review remitted
1506013 (Migration) [2015] AATA 3440 (23 September 2015); S Georgiadis, Member
Visitor (Class FA) visa – Hong Kong – Subclass 600 – cl 600.211 – Not a genuine temporary entrant – Other migration pathways available – Decision under review affirmed

1420164 (Migration) [2015] AATA 3439 (24 September 2015); B Henry, Member
Business Skills (Residence) (Class DF) visa – Subclass 890 – cl 890.212 – Inadequate net assets and turn-over in main business during 12 months preceding application – Decision under review affirmed
1405541 (Migration) [2015] AATA 3437 (25 September 2015); J Billings, Senior Member
Other Family (Residence) (Class BU) – Subclass 838 (Aged Dependent Relative) – cl 838.212 – cl 838.221 – Fernandez v MIBP [2015] FCCA 1698 – Applicant aged dependent relative of sponsor – Decision under review remitted
1414233 (Migration) [2015] AATA 3436 (29 September 2015); A Duri, Member
Aged Parent (Residence) (Class BP) – Subclass 804 – cl 804.214 – Balance of family test – Greater number of children in Malaysia than Australia – Decision under review affirmed
1408427 (Migration) [2015] AATA 3422 (1 October 2015); D Smyth, Senior Member
Prospective Marriage (Temporary) (Class TO) – Subclass 300 – cl 300.221A – Public Interest Criterion 4020 – Undeclared first marriage legally annulled – No impediment to the marriage in Australian law – Decision under review remitted
1508078 (Migration) [2015] AATA 3462 (5 October 2015); A Ho, Member
Visitor (Class FA) visa – Vietnam – Subclass 600 – cl 600.211 – Genuine temporary entrant – Review applicant previously overstayed visa – Incentives for visa applicant to comply with conditions – Require a security for the grant of the visa – Offshore partner visa application commenced – Decision under review remitted
1508850 (Migration) [2015] AATA 3473 (6 October 2015); D Hubble, Member
Partner (Temporary) (Class UK) visa – Subclass 820 – cl 820.211(2)(d)(ii) – Criterion 3001 – Compelling reasons for not applying Schedule 3 criteria – Australian citizen child - Pregnant at the time of application – Decision under review remitted
1506376 (Migration) [2015] AATA 3458 (7 October 2015); A Dronjic, Member
Return (Residence) (Class BB) visa – Subclass (155) (Five Year Resident Return) – Applicant not a permanent resident or former citizen – Ministerial Intervention request – Decision under review affirmed
1503266 (Migration) [2015] AATA 3460 (8 October 2015); G Cullen, Member
Student (Temporary) (Class TU) – Subclass 572 – cl 572.314 – Secondary applicant member of family unit – Genuine relationship – Relationship not declared in visa application – Decision under review affirmed
1503352 (Migration) [2015] AATA 3431 (22 September 2015); S Roushan, Senior Member
Student (Temporary) (Class TU) visa – Subclass 572 Vocational Education and Training Sector – cl 572.223(1)(a) – Demonstrated clear objectives and trajectory – Decision under review remitted
1505773 (Migration) [2015] AATA 3457 (8 October 2015); H Claringbold, Member
Child (Migrant) (Class AH) visa – Subclass 117 (Orphan Relative) – cl 117.211 – cl 117.221 – Child originally adopted under Chinese law – Relative of an Australian citizen – Decision under review remitted
1312181 (Refugee) [2015] AATA 3512 (29 September 2015); A Younes, Senior Member
Protection visa – Irregular Maritime Arrival – Sri Lanka – Race – Tamil – Imputed political opinion – Relatives’ links to Liberation Tigers of Tamil Eelam – People’s Liberation Organisation of Thamileelam – Illegal departure – Decision under review remitted
1502620 (Refugee) [2015] AATA 3464 (29 September 2015); R Smidt, Member
Protection visa – China – Social group – Breach of family planning and one child policy – Unable to pay fine for breach – Involved in fight with family planning officials – Official discrimination – Decision under review affirmed
1400655 (Refugee) [2015] AATA 3467 (30 September 2015); R Hearn Mackinnon, Member
Protection visa – Afghanistan – Ethnicity – Hazara – Religion – Non-practicing Shia – Christianity – Relocation not reasonable – Decision under review remitted
1408481 (Refugee) [2015] AATA 3465 (30 September 2015); N Burns, Member
Protection visa – Sri Lanka – Ethnicity – Tamil – Imputed political opinion – LTTE supporter – Social group – Three wheel driver – Illegal departure – Failed asylum seeker – Decision under review affirmed
1311958 (Refugee) [2015] AATA 3510 (5 October 2015); R H Mackinnon, Member
Protection visa – Irregular Maritime Arrival – Afghanistan – Race – Tajik – Religion – Shia – Afghan National Army – Internal relocation not reasonable – Decision under review remitted
1500421 (Refugee) [2015] AATA 3502 (8 October 2015); P Hunter, Member
Protection visa – China – Religion – Catholic – Unregistered church – Escape from police custody – Decision under review remitted
Practice and Procedure
Moignard and Commissioner of Taxation (Taxation) [2015] AATA 841 (30 October 2015); Deputy President K Bean
Appeal to Federal Court allowed – Matter remitted to Tribunal for rehearing – Order that unless proper cause shown to Tribunal, no further evidence to be adduced – Applicant sought leave to adduce further oral and documentary evidence – Relevant topics canvassed during applicant's oral evidence at original hearing – Application to adduce further oral evidence refused – Applicant granted leave to rely on one additional document only
Social Security
Bhalabhadrapatruni and Secretary, Department of Social Services (Social services second review) [2015] AATA 849 (12 October 2015); Dr D Cremean, Senior Member
Newstart allowance – overpayment – ensuing indebtedness – whether debt to be written off or waived or not – “solely” – “special circumstances” – decision affirmed
Cheng and Secretary, Department of Social Services (Social services second review) [2015] AATA 846 (3 November 2011); Professor R McCallum AO, 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
Mosavi and Secretary, Department of Social Services (Social services second review) [2015] AATA 845 (2 November 2015); Dr T Nicoletti, Senior Member
Pensions – disability support pension – whether applicant’s conditions considered permanent – whether conditions fully diagnosed, treated and stabilised – whether rating of 20 points or more can be given under Impairment Tables – decision affirmed
Palmer and Secretary, Department of Social Services (Social services second review) [2015] AATA 832 (26 October 2015); Deputy President PE Hack SC
Pension bonus – applicant received modest pension in 2009 before pension cancelled – lodged claim in 2014 – whether earlier receipt of pension precludes applicant from pension bonus – relevant criteria that person not receive age pension previously – applicant does not qualify for bonus – application dismissed

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
Charan & Charan v Secretary, Department Social Services | [2015] AATA 760
Amini v Administrative Appeals Tribunal | [2015] AATA 799
Fard v Secretary, Department of Immigration and Border Protection | [2015] AATA 790
Appeals finalised
CASE NAME | AAT reference | court Reference
Comcare v Reardon | [2015] AATA 360 | [2015] FCA 1166

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^AAT ^BULLETIN	^ISSUE ^45/2015		^1