Oz Blog News Commentary

Being political tzar of all one surveys dos not always mean that the world will bow dowwn before you

June 8, 2018 - 00:16 -- Admin

There is no disputing that since becoming the ministerial head of that new 'super' federal government department, the Department of Home Affairs, Minister for Immigration and Border Protection Peter Craig Dutton has enjoyed a level of political power not shared by his ministerial colleagues. However he is obviously not happy that this power does not intimidate Australian courts and tribunals.Perhaps this is because his Migration and Refugee Division and Character Assessments and Cancellations Branch are not always winning Dutton's war against orphans, refugees and those under threat of torture.Administrative Appeals Tribunal decisions1 in 2018:1615725 (Refugee) [2018] AATA 1255The Department of Immigration and Border Protection refused the applicant’s Protection visa. The applicant claimed he could not return to Malaysia due to his homosexuality as he would be subject to discrimination and abuse. The Tribunal set aside the decision. 1419288 (Refugee) [2018] AATA 282An application made by a family of three for Protection visas was refused by a delegate of the Minister for Immigration and Border Protection. The applicant seeking protection claimed he was at risk of torture if returned to Pakistan. The Tribunal remitted the decision with the direction that the applicant satisfied section 36(2)(aa) of the Migration Act 1958.Manash (Migration) [2018] AATA 180The review applicant sought two Orphan Relative visas for his younger siblings on the basis that their only existing carer, their mother, was incapacitated and could not care for them. The applications were refused by a delegate under section 65 of the Migration Act 1958 and the Tribunal remitted the applications for reconsideration with the direction they met the criteria for the visas.Sheikh (Migration) [2018] AATA 1056The Department of Immigration and Border Protection refused the visa applicant's Student visa. The visa applicant was a child residing in Somalia and both of his parents were deceased. His maternal aunt, an Australian citizen, was his carer and was attempting to return home to Australia to her family with the child. The Tribunal set aside the decision. Footnote:1. "The review of decisions to refuse or cancel a visa on character grounds is a small component of the broad range of decisions about visas reviewed by the AAT, and an even smaller component of the overall caseload managed by the AAT. To put these matters in context, in 2016–17, the Tribunal finalised 42,224 reviews, of which 168 decisions (or less than 0.4 per cent), related to visa cancellations and refusals on character groundsIn considering and deciding these matters, Tribunal members are bound to apply Ministerial Direction No. 65 which sets out three primary considerations which must be taken into account. These include protection of the Australian community; the best interests of minor children in Australia; and expectations of the Australian Community.  The Direction also sets out five ‘other considerations’ which must also be taken into account, including: international non-refoulement obligations; the strength, nature and duration of ties; impact on Australian business interests; impact on victims; and the extent of impediments if removed.  These decisions are routinely published and contain an explanation of the Members’ evaluation of each of these considerations." [AAT appearance at Senate Estimates, 25 May 2018]