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2020

YHWR and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The AAT had to decide whether to revoke the mandatory cancellation of a child visa after the applicant reoffended a second time.

HMDS and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The AAT had to decide whether there was a good reason to grant the applicant a bridging visa. He was awaiting review of a protection visa application and had strong ties to his young Australian family.

BHVN and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The AAT had to decide whether there was another reason to revoke a mandatory decision cancelling the applicant’s visa. He committed a serious crime but also had strong family ties to Australia.

Mailau and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The AAT had to decide whether there was another reason to revoke a mandatory decision cancelling the applicant’s visa. He has a long criminal history but also strong family ties to Australia.

Jacobs and Minister for Immigration and Border Protection (Migration) [2020] AATA 1524

The AAT had to decide whether there was a reason to revoke the mandatory cancellation of an applicant’s visa.

Asomua and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The AAT affirmed a decision not to revoke the mandatory cancellation of the applicant’s visa on character grounds.

PDWL and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In this decision, the AAT found the applicant could be granted a safe haven enterprise visa on the basis that the applicant would be at risk of harm and did not present a danger to the Australian community.


2018

NDRW and Minister for Home Affairs (Migration) [2018] AATA 2144

The Department of Home Affairs cancelled the applicant's Refugee visa because he did not pass the character test due to his substantial criminal record.  The applicant was sentenced to more than three years in prison in total. The AAT affirmed the decision.

Hawkins and Minister for Home Affairs (Migration) [2018] AATA 1462

The Department of Home Affairs decided not to revoke the cancellation of the applicant's permanent visa. The applicant arrived in Australia at the age of two and his visa was cancelled after the Department decided he did not pass the character test due to his substantial criminal record of approximately 180 convictions. The Tribunal affirmed the decision. 

Healy and Minister for Home Affairs (Migration) [2018] AATA 1051

The Department of Home Affairs refused the applicant's skilled visa on the basis that he did not pass the character test  due to a conviction of culpable homicide in South Africa. The Tribunal set aside the decision. 

Kumar and Minister for Home Affairs (Migration) [2018] AATA 1105

The applicant’s Employer nomination visa was refused by a delegate of the Minister for Immigration and Border Protection as he did not pass the 'character test' due to an indecent assault offence. The Tribunal set aside the decision and in substitution decided the applicant should not be refused the visa.

Uluikavoro Qoro and Minister for Immigration and Border Protection (Migration) [2018] AATA 56

The applicant’s visa was cancelled due to a finding he did not pass the ‘character test’. This decision was based on the finding that he had a “substantial criminal record” after several driving offences, assault convictions and two public order convictions. The Tribunal substituted the decision exercising the discretion not to cancel the visa.

Duar Te Do Pateo Fernandes (Migration) [2018] AATA 348

The applicant’s visa was cancelled by a delegate of the Minister for Immigration and Border Protection as he did not pass the 'character test' due to his substantial criminal record. The Tribunal set aside the decision and substituted that the decision to cancel the visa be revoked.

WXDX and Minister for Immigration and Border Protection (Migration) [2017] AATA 2851

The applicant was refused a visa by a delegate of the Minister for Immigration and Border Protection and the Tribunal set aside the decision and substituted a decision that the applicant passed the ‘character test’. 


National Disability Insurance Scheme

Allen and National Disability Insurance Agency [2018] AATA 3851

The main issue in this review was about the criteria for access to the NDIS, particularly the ‘disability requirements’ and the ‘early intervention requirements.

Mazy and National Disability Insurance Agency (NDIS) [2018] AATA 3099

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'. 

McFarlane and National Disability Insurance Agency (NDIS) [2018] AATA 4727

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. 


Veterans' Entitlements

Sisley and Repatriation Commission (Veterans' entitlements) [2018] AATA 4078

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'. 


Child Support

Gilbert and Bako (Child support) [2019] AATA 692

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.