02 May 2018
1 min read
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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.
Contacts:
Brisbane
Rachel Drew, Partner
T: +61 7 3135 0617
E: rachel.drew@holdingredlich.com
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