Ahmed (Migration)

COURT OR TRIBUNAL

Administrative Appeals Tribunal

DATE FILED (OR FIRST HEARING DATE)

25/11/2022

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Human rights and refugee claims

REVIEW TYPE

Merits review

SUMMARY

MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – false or misleading information given in visa applications – identity – previous visa under different names and dates of birth not declared – compassionate or compelling circumstances justifying waiver of criterion – periods unable to work because of COVID restrictions – skills shortages in sectors – lack of substantiating information – personal and social connections and community volunteering – two Australia-born children – language and education – decision under review affirmed

“In the response provided to the Tribunal on 9 August 2022, the applicant provided information which was stated to be regarding the interests of children of the applicant and the applicant’s spouse. The information included the Australian birth certificates of their children. A receipt for the elder son’s school fees and a list of tuition fees for the 2022/23 academic year at the International School in Dhaka. Also provided were newspaper articles from various sources on the following: the abduction and selling of babies from hospitals (9 February 2015); the rise of child marriages in Bangladesh during COVID (22 March 2021); children living in slums in Bangladesh face risks from unsafe food and water (17 April 2018); the effects of climate change on children in Bangladesh (17 July 19); the effect of climate change on and infectious disease and mental health (23 February 2022); election low turn out and violence (5 January 2014); impact on women who lost jobs during COVID (29 May 2022); and rise of discrimination and hate speech against religious minorities during COVID (5 August 2022).”

CASE DOCUMENTS

Ahmed (Migration) [2022] AATA 5006 (25 November 2022)