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Child Support

Smithson and Smithson (Child support) [2018] AATA 4582

The AAT had to determine whether the child support payable from one parent to another should be changed because of the educational needs of one of their children and the income of one of the parents.  

Migration and Refugee

1614678 (Refugee) [2018] AATA 4645

The AAT affirmed the decision not to grant the applicants a Protection visa. The applicants, a husband and wife from India, applied for the visa on the basis of the wife’s claim that she feared harm from the Shiromani Akali Dal (SAD), a powerful ruling party of Punjab. The AAT did not find the applicant to be a credible witness, citing inconsistencies in her evidence.

BOBADILLA ALARCON (Migration) [2018] AATA 4856

The AAT remitted the decision to refuse the applicant’s Distinguished Talent (Residence) (Class BX) Subclass 858 visa. The AAT found the applicant had an internationally recognised record of exceptional and outstanding achievement in Brazilian Jiu Jitsu.

Maksoud (Migration) [2018] AATA 4833

The AAT affirmed the decision to refuse the applicant’s Bridging E (Class WE) visa. The AAT was not satisfied the applicant would comply with the conditions set for the visa.

Schofield (Migration) [2018] AATA 4828

The AAT affirmed the decision to cancel the applicant’s visa. The applicant, a citizen of New Zealand who had been in Australia for 50 years, was convicted of multiple offences and the AAT found that the seriousness of the offences and the risk to the health and safety of individuals in Australia outweighed the factors against cancellation of the visa.

Section 501 - The character test

WSML and Minister for Home Affairs (Migration) [2019] AATA 41

The AAT set aside the decision to cancel the applicant’s visa on character grounds. The applicant, who had numerous convictions, had strong ties to the Australian community, including indigenous heritage, and had shown signs of significant rehabilitation.

Taxation and Commercial

McMullen and Commissioner of Taxation (Taxation) [2018] AATA 4481

The AAT affirmed the Commissioner of Taxation’s decision to issue amended income tax assessments to the applicant for two income years. The issue in the matter was about a number of third party payments that the applicant received over the two financial years in question.