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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

BGBZ and National Disability Insurance Agency (NDIS) [2019] AATA 3505

The applicant was the mother of a child participating in the National Disability Insurance Scheme (NDIS). She had applied to the National Disability Insurance Agency (NIDA) for sole parental responsibility for the purposes of the NDIS. The NIDA declined this request.

She applied to the AAT for a review of that decision.

The father acknowledged he had no contact with the child since July 2018. The AAT was not satisfied the parents were able to work together in the best interests of the child.

The Tribunal set aside the decision, giving the Applicant, for the purposes of the NDIS, sole parental responsibility.


Child Support

Gardner and Child Support Registrar (Child support) [2019] AATA 2539

The applicant claimed he provided a higher percentage of care from 28 November 2017.

He reported the change on 11 January 2018. The change was applied by the Child Support Agency (the Agency) from 11 January 2018.

The applicant sought an appeal of this decision at the AAT. The AAT concluded that the decision made by the Agency to apply the change from 11 January 2018 was correct and affirmed the decision under review.