Administrative Appeals Tribunal

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Rorschach
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Re: Administrative Appeals Tribunal

Post by Rorschach » Fri Mar 09, 2018 8:15 am

unbelievable.... so where is the reporting and outrage in our media eh? :roll:
DOLT - A person who is stupid and entirely tedious at the same time, like bwian. Oblivious to their own mental incapacity. On IGNORE - Warrior, mellie, Nom De Plume, FLEKTARD

Alinta
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Re: Administrative Appeals Tribunal

Post by Alinta » Fri Mar 09, 2018 9:04 am

"It is important that the views of a small but vocal section of media commentators not influence this assessment. I am not satisfied that their views reflect those of the Australian community. Experience has shown that comments are made by those who clearly have not read the decisions of the Tribunal in their entirety, if at all, and who do not understand the law applicable to the decision-making process."

If (as is so often the case in these visa revocation type matters) the AAT does not publish the decision, Mr Constance is not in a position to comment one way or the other on views of the community at large.

Fortunately the decision in this case has been published and the public is not reliant on media comment. The link is a useful read - agree with the decision or not, the AAT transcript is an educative document.

http://www.austlii.edu.au/cgi-bin/viewd ... 8/348.html

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Rorschach
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Re: Administrative Appeals Tribunal

Post by Rorschach » Sat Mar 10, 2018 8:00 pm

LEFTWINGER supreme wrote:Surprised the libtards haven't stacked tribunal full of libtard Patsy's like they have fair work and the AFP , maybe they just want to appear like they're hard on criminals knowing full well the political mileage that comes with it
But that's not true CFMEU and YOU know it... liar...
New appointments to Fair Work Commission
Minister for Employment and Workplace Relations Bill Shorten today announced the appointment of eight new members to the Fair Work Commission.


The Fair Work Commission is Australia’s independent workplace relations tribunal.

The appointments include two Vice Presidents, four Deputy Presidents and two Commissioners.
“I am very pleased to announce that Mr Joe Catanzariti and Mr Adam Hatcher SC have been appointed as Vice Presidents of the Fair Work Commission,” Mr Shorten said.
“Mr Catanzariti and Mr Hatcher are both highly distinguished and experienced members of the legal profession, with particular expertise in workplace relations law.”
“They will both bring valuable high level experience and skills to assist the President in the management of the Commission and the resolution of the complex legal matters that often come before it.”
“The new members of the Commission all bring diverse and broad experience to their roles,” Mr Shorten said.
“I am confident these appointments will further enhance the experience, integrity and balance of the Commission.”
Mr Catanzariti has been the National Human Resources Partner and Head of Workplace Relations and Employment Law at Clayton Utz for 25 years. He is also President of the Law Council of Australia and an Adjunct Professor, Work and Organisational Studies, at Sydney University’s Business School.
Mr Hatcher was called to the Bar in 1997 and appointed Senior Counsel in 2010. He specialises in industrial relations and employment law, occupational health and safety, anti-discrimination and administrative law.
The four Deputy Presidents appointed are Ms Ingrid Asbury, Ms Anne Gooley, Mr Val Gostencnik and Mr Jeff Lawrence.
Ms Asbury has been a Commissioner of the Australian Industrial Relations Commission and Fair Work Australia since 2000. Ms Asbury is also a member of the Road Safety Remuneration Tribunal. She was concurrently appointed as a Commissioner of the Queensland Industrial Relations Commission (QIRC) until 2012, when she accepted a primary appointment to the Fair Work Commission. Prior to her appointment to the QIRC, Ms Asbury was National Industry Group Manager for the Australian Industry Group.
Ms Gooley has been a Commissioner of the Fair Work Commission since 2012. Prior to her appointment she was a Public Interest Litigation Principal for Maurice Blackburn Lawyers where she also worked as a solicitor from 1998 to 2007.
“I am pleased to announce the internal promotions of two Fair Work Commissioners”, the Minister said. “These internal appointments reflect the high quality of current Fair Work Commission members”.
Mr Gostencnik is a highly experienced workplace relations lawyer. He has been a Partner at Corrs Chambers Westgarth since 2001 and was earlier a Partner at Ryan Carlisle Thomas. He leads the Workplace Relations practice group at Corrs as its National Practice Group Leader and has also been the National Pro Bono Partner since 2003.
Mr Lawrence is the former Secretary of the ACTU, a role he held for five years until 2012. Mr Lawrence was also National Secretary of the Liquor, Hospitality and Miscellaneous Union (now United Voice). He commenced as National Secretary of the LHMU in 1992 after being the General Secretary of the Federated Miscellaneous Workers' Union of Australia.
Mr Nick Wilson, currently the Fair Work Ombudsman, and Mr Leigh Johns, currently the Chief Executive of Fair Work Building & Construction, have been appointed as Fair Work Commissioners.
Mr Wilson has been the Fair Work Ombudsman since 2009 and he was also the Workplace Ombudsman. Prior to his appointments, Mr Wilson was the inaugural Director of the Office of Workplace Services. Mr Wilson was also the Industrial Registrar and Chief Executive Officer for the Australian Industrial Registry.
Mr Johns has been the Chief Executive of Fair Work Building & Construction since its inception in June 2012 and was previously the Australian Building and Construction Commissioner. Prior to his appointments, Mr Johns was the Deputy Australian Building and Construction Commissioner for Operations. He has also worked as Chief Counsel at the FWO, Director of PWC Legal in Melbourne, and as a legal practitioner with Mallesons Stephen Jaques in their Workplace Relations Group.
The appointments follow an independent, merit based selection process conducted by senior representatives of the Department of Education, Employment and Workplace Relations and the Australian Public Service Commission and in consultation with the Shadow Minister for Workplace Relations and the States and Territories.

Shorten and ALP appointed...just how many have ALP and Union ties eh?
DOLT - A person who is stupid and entirely tedious at the same time, like bwian. Oblivious to their own mental incapacity. On IGNORE - Warrior, mellie, Nom De Plume, FLEKTARD

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Black Orchid
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Re: Administrative Appeals Tribunal

Post by Black Orchid » Fri Apr 27, 2018 3:11 pm

Nearly 200 criminals with offences including murder, rape and drug dealing have been saved from deportation by the Administrative Appeals ­Tribunal since 2010.

The tribunal overturned decisions made by delegates of Peter Dutton, despite more than 160 foreign-born criminals imposing serious risks to Australia, The Australian reported.

Out of 164 cases, 23 were found guilty of armed robbery, 33 were drug dealers, 17 were rapists and eight were convicted of murder.

Startling figures revealed the AAT overruled more decisions made by delegates of the Immigration Minister that it upheld in the past financial year.


After reviewing 13,755 decisions made by delegates, the AAT was found to have rejected 5276, and affirmed just 5110.

The same was the case for each of the past five years - more were saved from deportation that were deported.

Evidence of decisions made were also not easy to find, given the AAT published just 12.5 per cent of them in 2015-16, 7.3 per cent in 2016-17 and 15.5 per cent so far this financial year,' Herald Sun reported.

Nearly 100 cases of rescued foreign-born criminals were from Sydney surprise surprise - NOT!, while in Melbourne there were 31, 13 for both Perth and Brisbane, 7 in Adelaide and one each in Hobart and Canberra.

Among those saved by the AAT from deportation in Sydney was Catholic priest Finian Egan, 83, who in 2013 was sentenced to eight years prison for rape and seven counts of indecent assault on young girls during the 1960s to 1980s.

Despite Mr Dutton saying it was 'contrary to the public interest' for Egan to remain in Australia, AAT deputy president Janine Stevenson overturned his deportation to Ireland.

Factors such as his age, poor health and low likelihood of re-offending were offered as reasons by Mr Stevenson.

Brazilian-born Pedro Fernandes, 27, was sentenced to four years behind bars after an armed robbery at the Randwick Golf Club in Sydney's eastern suburbs in 2012.

He too was allowed to continue living in Australia following his successful appeal to the AAT.

A Muslim Iraqi father with almost 30 convictions to his name was cleared of deportation because AAT member Peter Taylor claimed the father-of-seven wouldn't receive the mental and physical support he needed if he was sent back to Iraq.

Nicholas Brown, from England, was deemed likely to 're-offend in a serious manner involving violence', but allowed to stay despite his 65 convictions between 1988 and 2010.

AAT deputy president Stan Hotop in 2012 said Brown's understanding of Australian standards and values meant 'such risk would not be unacceptable to the Australian community'.
http://www.dailymail.co.uk/news/article ... bunal.html

:b

sprintcyclist
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Re: Administrative Appeals Tribunal

Post by sprintcyclist » Fri Apr 27, 2018 3:38 pm

Black Orchid wrote:
Nearly 200 criminals with offences including murder, rape and drug dealing have been saved from deportation by the Administrative Appeals ­Tribunal since 2010.

The tribunal overturned decisions made by delegates of Peter Dutton, despite more than 160 foreign-born criminals imposing serious risks to Australia, The Australian reported.

Out of 164 cases, 23 were found guilty of armed robbery, 33 were drug dealers, 17 were rapists and eight were convicted of murder.

Startling figures revealed the AAT overruled more decisions made by delegates of the Immigration Minister that it upheld in the past financial year.


After reviewing 13,755 decisions made by delegates, the AAT was found to have rejected 5276, and affirmed just 5110.

The same was the case for each of the past five years - more were saved from deportation that were deported.

Evidence of decisions made were also not easy to find, given the AAT published just 12.5 per cent of them in 2015-16, 7.3 per cent in 2016-17 and 15.5 per cent so far this financial year,' Herald Sun reported.

Nearly 100 cases of rescued foreign-born criminals were from Sydney surprise surprise - NOT!, while in Melbourne there were 31, 13 for both Perth and Brisbane, 7 in Adelaide and one each in Hobart and Canberra.

Among those saved by the AAT from deportation in Sydney was Catholic priest Finian Egan, 83, who in 2013 was sentenced to eight years prison for rape and seven counts of indecent assault on young girls during the 1960s to 1980s.

Despite Mr Dutton saying it was 'contrary to the public interest' for Egan to remain in Australia, AAT deputy president Janine Stevenson overturned his deportation to Ireland.

Factors such as his age, poor health and low likelihood of re-offending were offered as reasons by Mr Stevenson.

Brazilian-born Pedro Fernandes, 27, was sentenced to four years behind bars after an armed robbery at the Randwick Golf Club in Sydney's eastern suburbs in 2012.

He too was allowed to continue living in Australia following his successful appeal to the AAT.

A Muslim Iraqi father with almost 30 convictions to his name was cleared of deportation because AAT member Peter Taylor claimed the father-of-seven wouldn't receive the mental and physical support he needed if he was sent back to Iraq.

Nicholas Brown, from England, was deemed likely to 're-offend in a serious manner involving violence', but allowed to stay despite his 65 convictions between 1988 and 2010.

AAT deputy president Stan Hotop in 2012 said Brown's understanding of Australian standards and values meant 'such risk would not be unacceptable to the Australian community'.
http://www.dailymail.co.uk/news/article ... bunal.html

:b

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brian ross
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Re: Administrative Appeals Tribunal

Post by brian ross » Fri Apr 27, 2018 4:04 pm

Citizenship can only be revoked in the absolutely, most serious of circumstances. The AAT is correct IMO in it's assessments of these people retaining Australian citizenship. You cannot just jettison people because you find their actions distasteful. It runs counter to the concepts of citizenship.
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Black Orchid
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Re: Administrative Appeals Tribunal

Post by Black Orchid » Fri Apr 27, 2018 4:07 pm

You don't consider rape and murder serious Brian?

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Nom De Plume
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Re: Administrative Appeals Tribunal

Post by Nom De Plume » Fri Apr 27, 2018 9:17 pm

brian ross wrote:Citizenship can only be revoked in the absolutely, most serious of circumstances. The AAT is correct IMO in it's assessments of these people retaining Australian citizenship. You cannot just jettison people because you find their actions distasteful. It runs counter to the concepts of citizenship.
Would you think it would be morally reprehensible to deport these criminals... some of them serial criminals?
"But you will run your kunt mouth at me. And I will take it, to play poker."

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Gordon
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Re: Administrative Appeals Tribunal

Post by Gordon » Fri Apr 27, 2018 9:28 pm

If one of these crims who should have been deported were to harm somebody I care about, I'd hold the decision makers at the tribunal responsible.

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Rorschach
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Re: Administrative Appeals Tribunal

Post by Rorschach » Sat Apr 28, 2018 10:59 am

Ah here we go.... this has always been happening.
There should be proper assessment and no right to legal appeal and no AAT. These people are stupid and unelected.
They undermine our sovereignty and right to refuse entry to or the deportation of undesirables and criminals.
Apparently the sort of people bwian welcomes here.
DOLT - A person who is stupid and entirely tedious at the same time, like bwian. Oblivious to their own mental incapacity. On IGNORE - Warrior, mellie, Nom De Plume, FLEKTARD

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