Child Support

Cowie and Brelsford (Child support) [2019] AATA 258 (11 January 2019)

This review considered the amount of child support paid based by parents in relation to the children’s education. The AAT found that the children were being educated privately in the manner expected by the parents and that this was a special circumstance that constituted a ground to depart from the assessment.


General

Morrow and Registrar of Marriage Celebrants [2019] AATA 1253

Marriage celebrants are required to pay an annual registration fee. The applicant is a marriage celebrant and his registration was cancelled by the Registrar after a failure to pay the fee. This decision looks at the scope of discretion to give notice of deregistration on non-payment of the fee.


Migration and Refugee

1604609 (Refugee) [2019] AATA 1472 (8 April 2019)

In her protection visa application, the applicant said that she left India to further her studies and to be relieved from the social and cultural pressure to marry. She said that arranged marriages were common in India and she feared that her family would force her to marry if she returned. The AAT considered whether the applicant would face a real risk of significant harm on her return to India.

1800306 (Refugee) [2019] AATA 852

The Department requires non-citizens to provide correct information in their visa applications and passenger cards. The provision of incorrect information or bogus documents may lead to visa cancellation. The issue before the AAT in this case is whether the applicant had provided incorrect information in his Protection visa application.

Gecaite (Migration) [2019] AATA 940

The AAT was asked to review the Department’s decision to refuse the applicant a visa for her achievement and contributions to the arts. The Distinguished Talent (Residence) visa requires the applicant to have an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts or academia.


National Disability Insurance Scheme

PPFQ and National Disability Insurance Agency [2019] AATA 1092

The applicant suffers from hearing loss and made a request to the National Disability Insurance Agency (NDIA) for funding for high level technology hearing aids. The AAT was asked to review the NDIA’s decision to refuse the application. The AAT was satisfied that the hearing aids were the minimum necessary support required for the applicant. The AAT substituted the decision and directed the NDIA to include a pair of the requested hearing aids as reasonable and necessary support. The hearing aids were ordered to be funded under NDIS.


Taxation and Commercial

Ultimate Vision Inventions Pty Ltd and Innovation and Science Australia [2019] AATA 1633

The research and development (R&D) tax incentive is a program that allows businesses to access tax offsets for the money they spend on R&D activities. These R&D activities must be registered with Innovation and Science Australia (the respondent). The AAT agreed with the respondent and was not satisfied that any of the registered activities identified in the Industry and Research Development Act 1986 (Cth) were conducted by or on behalf of the applicant.


Veterans' Entitlements

Topic and Military Rehabilitation and Compensation Commission (Veterans' entitlements) [2019] AATA 1

The applicant lodged a claim with the Department of Veterans’ Affairs (DVA) seeking compensation for right knee osteoarthritis arising from her service. The AAT was not satisfied, on the balance of probabilities, that the applicant’s condition of right knee osteoarthritis was connected with her defence service.