BFXK and Minister for Immigration and Border Protection
(Migration) [2018] AATA 886
VISA CANCELLATION – mandatory cancellation – character
test –criminal record – primary and other
considerations under Ministerial Direction No. 65 –
protection of the Australian community – expectations of the
Australian community – best interests of children –
non-refoulement obligations – remitted for
reconsideration.
Administrative Tribunal Act 1975 (Cth); Citizenship
Act 2007 (Cth); Migration Amendment (Character
Cancellation Consequential Provisions) Act 2017 (Cth);
Migration Act 1958 (Cth); Migration Regulations 1994
(Cth).
Ismail and Minister for Immigration and Border Protection
(Citizenship) [2018] AATA 852
CITIZENSHIP – citizenship by conferral – general
residence requirement – consideration of discretion in
section 22(9) – whether the Applicant had a close and
continuing association with Australia during periods of absence
– whether the Applicant is likely to, or will continue to,
reside in Australia or maintain a close and continuing association
– decision set aside and substituted.
Australian Citizenship Act 2007 (Cth) ss21, 22, 24,
52.
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