This review was about the calculation of the amount of child support payable by one parent to another. The calculation takes into account the adjusted taxable income of the party making payments, in this matter the applicant, and this review concerned the amount that should be included in the calculation where there is no adjusted taxable income available.
Migration and Refugee
The AAT affirmed the Department of Home Affairs' decision to refuse to grant the applicant a Protection visa. The applicant feared she would be harmed if she returned to Cambodia but the AAT was not satisfied that she met the requirements for the visa after having regard to relevant country information.
The Department of Home Affairs cancelled the applicant’s Partner visa because they were not satisfied as to his identity. The AAT affirmed the decision finding there were a number of concerns surrounding the applicant's identity.
The Department of Home Affairs cancelled the applicant’s Student visa because they were satisfied the applicant was not, or was likely not to be, a genuine student. The AAT was not satisfied the applicant was not a genuine student and set aside the decision, substituting a decision not to cancel the visa.
The AAT affirmed the Department of Immigration and Border Protection's decision to refuse to grant the applicant a Student visa. The AAT was not satisfied that the applicant intended genuinely to stay in Australia temporarily.
National Disability Insurance Scheme
The main issue in this review was about the criteria for access to the NDIS, particularly the ‘disability requirements’ and the ‘early intervention requirements.
This review was about an NDIA decision refusing the applicant’s request for additional supports in their existing NDIS plan. The issue in this matter was about the requirement that additional supports are 'reasonable and necessary'.
In this matter, the NDIS decided the applicant did not meet the requirements for access to the NDIS. On review before the AAT, the main issue was about the requirement that the applicant's impairment is, or is likely to be, permanent, within the meaning of the rules of the NDIS.
The applicant in this matter was a member of the Australian Army and the Army Reserves and had a number of war-caused conditions for which he was receiving the disability pension. The applicant requested an increase in his pension to the intermediate or special rate and this review was about the requirements he must satisfy for the increase, particularly what's called the 'alone test'.