January 2019 The Review contains news about the AAT and summaries of decisions of interest. All issues of The Review are available on our website. Applications for review received and on handThe AAT received 31,402 applications for review in the first half of the 2018-19 financial year, an increase of six per cent when compared to the same period in the previous year. We finalised 20,836 applications in the six months to 31 December 2018; also up six per cent on the previous year. The majority of applications continue to be in the Migration and Refugee Division. Even with an increase in applications being finalised, the number of cases on hand at the AAT continues to grow. As at 31 December 2018, there were a total of 63,858 cases on hand. This is 44 per cent higher than at the same time last year. Ms Sian Leathem, the AAT’s Registrar, discussed this trend during her opening statement to a Senate Estimates hearing in October. In terms of the outcomes of the AAT’s finalised applications during the first half of 2018-19, the AAT affirmed the decision in 38 per cent of cases and set aside or varied the decision in 25 per cent of cases. The remainder of applications were dismissed, withdrawn or the AAT determined it did not have jurisdiction to review the decision. Read more about our caseload statistics and trends our website. New scheme to help eligible taxpayers disputing an ATO decisionTax matters can be complex and there is strong evidence of the benefit of competent legal advice and representation. We are committed to making sure the AAT is accessible so we recently announced a pilot initiative to offer pro bono legal advice and support to eligible taxpayers who are seeking an AAT review of a taxation matter. Time limits for applying for reviewThe Full Court of the Federal Court has decided that the AAT does not have the power to extend the time limits in most visa related matters. This followed an earlier decision that questioned this power. Individuals should continue to lodge their review applications within the relevant time limits. These summaries are prepared by AAT staff to provide insight into the types of decisions we make and why the decisions are made. For the complete facts and reasons, please view the full written decisions on AustLII. Decision summaries are routinely uploaded to the AAT website. Below are the summaries uploaded over the last month. Child SupportBennet and Moven [2018] AATA 4517 The AAT had to determine the parents’ percentage of care of two of their children for the purpose of child support payments. GeneralInstitute of Training Pty Ltd and Australian Skills Quality Authority [2018] AATA 4127 ASQA cancelled the applicant's registration as a Registered Training Organisation (RTO) because they were not complying with the required standards. The AAT refused the applicant's application for a stay of the decision. Migration and Refugee1602009 (Refugee) [2018] AATA 4644 The AAT affirmed the decision not to grant the applicant a Protection visa. The applicant, from Fiji, claimed to be afraid of the government because of her involvement in the illegal conduct of an organisation. 1816091 (Refugee) [2018] AATA 4251 The AAT affirmed the decision not to grant the applicant a Protection visa, citing significant concerns about the credibility of the applicant. The applicant's claims changed over the course of the proceedings. Kaur (Migration) [2018] AATA 4539 The Department cancelled the applicant’s subclass 457 visa because she had breached the condition of her visa to go no more than 90 consecutive days without an approved nomination by an approved sponsor. The AAT set aside the decision. NGUYEN (Migration) [2018] AATA 4496 The AAT affirmed the department’s decision to refuse to grant the applicant’s Partner visa, finding she was not in a genuine and continuing relationship. NDISMcPherson and National Disability Insurance Agency [2018] AATA 4303 NDIA refused the applicant's request for funding for a private motor vehicle in his NDIS plan. The AAT affirmed the decision. Social Services (second review)Hassan and Secretary, Department of Social Services (Social services second review) [2018] AATA 4618 This review concerned an Assurance of Support (AoS) debt, which is a commitment to repay any social security payments made by the Australian Government to individuals that are granted certain visas. The applicant claimed his AoS debt for social security payments made to his sister should be waived or written off. Veterans' EntitlementsHolyoake and Repatriation Commission [2018] AATA 4300 The applicant submitted a claim to the Department of Veteran’s Affairs for several medical conditions which were allegedly caused by a vehicle accident that occurred sometime around 1977, while the applicant was serving in the Australian Army. The AAT concluded that none of the claims could succeed and affirmed the decision. The AAT Bulletin is a weekly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Taxation & Commercial and Veterans’ Appeals Divisions. The Bulletin also regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division. What do you think? Write to us at Communications@aat.gov.au to provide editorial suggestions and feedback. |