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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.


General

YKZZ and Minister for Home Affairs (Migration) [2019] AATA 3248

The applicant applied to the AAT to review the mandatory cancellation of his visa by the Department of Home Affairs. His spouse visa was cancelled on the grounds that he did not pass the character test due to his criminal record.

The Tribunal decided that the positive factors in the applicant’s favor outweighed the negative factors and set aside the decision.


Migration and Refugee

1604403 (Refugee) [2019] AATA 2489

Two individuals arrived in Australia separately on temporary visas, where they met and commenced a relationship. 

That relationship produced two children. They remained in Australia on a series of temporary and bridging visas or unlawfully.

In June 2011 the applicants applied for protection visas. These applications were refused. However they were granted further bridging visas, and due to a change in legislation were permitted to apply a second time for a protection visa under the complementary protection criterion which previously did not exist. The two children also applied for protection visas.

1607505 (Refugee) [2019] AATA 1446

A mother and daughter applied for review of decisions made by the Department of Home Affairs to refuse their applications for protection visas.

Australia has an obligation under the Migration Act 1958 to protect individuals who can satisfy one of two criteria, broadly, a ‘well-founded fear of persecution and ‘a real risk of significant harm’ should they be returned to their country of origin. 

The Tribunal considered evidence such as the issues faced by women in Pakistan, written and oral submissions from the applicants and information about the Muttahida Qaumi Movement (MQM).


National Disability Insurance Scheme

BGBZ and National Disability Insurance Agency [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.