FAIR WORK – assessment of pecuniary penalties, costs and interest following default judgment – declaration of contravention of civil remedy provisions of the Fair Work Act 2009 (Cth) made previously – respondent did not participate in proceedings – orders made. 

INDUSTRIAL LAW – FAIR WORK – parties by consent seek a declaration of the respondent’s contraventions of the Fair Work Act 2009 (Cth) (‘FW Act’) – where the respondent concedes failure to comply with compliance notice issued under FW Act – parties jointly seek imposition of penalties within an agreed range – consideration of appropriate level of penalty to be imposed – declaration of contraventions and penalty orders made. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visas – whether failure of Tribunal to disclose invalid certificate to applicant involved denial of procedural fairness – whether Tribunal failed to deal with claims raised by applicant – whether Tribunal erred in application of real chance test. 

MIGRATION – application for extension of time in which to seek judicial review of a decision of the Administrative Appeals Tribunal where it found it had no jurisdiction to review the delegate’s decision refusing to grant the applicant a Bridging E (Class WE) visa – the Tribunal correctly decided that it had no jurisdiction in relation to the delegate’s decision refusing to grant a Bridging E visa – extension of time application refused – judicial review application dismissed. 

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – contention that the IAA failed to consider a claim – whether the claim “clearly emerged” – whether the IAA’s findings were in any event dispositive – application dismissed. 

MIGRATION – application for review of registrar’s decision to summarily dismiss judicial review application – application for Regional Employer Nomination (Permanent) (Class EN) (Subclass 186) visas – de novo hearing of summary judgment application – no reasonable prospects of success - no substantive merit to application – review application dismissed. 

MIGRATION – regional employer nomination visa – application for review of a summary dismissal decision made by a Registrar taken to have been filed 6 days outside of proscribed timeframe – consideration of factors relevant to exercise of the discretion to allow further time for filing – application devoid of merit – application refused with costs.

MIGRATION – judicial review – decision of delegate refusing to waive no further stay condition 8534 to which visa was subject – delegate not satisfied compelling and compassionate circumstances had developed – whether error by delegate in referring to incorrect condition – whether error by delegate in not referring to previous waiver requests and evidence provided in support of previous waiver requests – whether denial of procedural fairness - application dismissed. 

INDUSTRIAL LAW – FAIR WORK – application for relief following declarations of admitted contraventions of s.716(5) for failure to comply with a statutory compliance notice and s.536 for failure to issue pay slips within one working day of payment – consideration of relevant factors – orders to remedy effect of non-compliance with interest and pay pecuniary penalties. 

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – application for an extension of time – where the delay was significant – where the explanation for the delay was unsatisfactory – where the substantive application has little merit – application for extension of time dismissed. 

MIGRATION – application for judicial review of a decision made by the Immigration Assessment Authority affirming a decision not to grant the applicant a protection visa – whether the Authority failed to consider all claims and evidence presented by the applicant – whether the Authority failed to give the applicant an opportunity to comment on an issue in dispute – where the Authority found that s 91W of the Migration Act 1958 (Cth) applied and the delegate found that the applicant had a reasonable explanation for not providing documents of his identity – whether the Authority failed to take into account specific documents in making its findings for the purposes of s 91W – whether the Authority denied the applicant procedural fairness or acted unreasonably in not inviting the applicant to provide further evidence in relation to s 91W – no jurisdictional error – application dismissed.  

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal correctly found that it lacked jurisdiction in the matter by reference to the application to it being made out of time – whether the applicant was validly notified of the Delegate’s decision – Sandor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 434 – writs issued. 

MIGRATION – Skilled (Provisional) (Class VC) visa –Administrative Appeals Tribunal – Five grounds of judicial review – Applicant advanced eight further grounds of judicial review – Whether the Tribunal failed to abide by its procedural fairness obligations – Whether the Tribunal failed to comply with law – Whether the Tribunal acted ultra vires – Grounds of judicial review have no merit – Impermissible merits review – Application dismissed with costs. 

MIGRATION – student visa cancellation – where failure to maintain enrolment gave rise to breach of visa condition – whether Tribunal failed to consider oral and written evidence – whether Tribunal’s refusal to adjourn was legally unreasonable – whether the delay in providing a written statement of the Tribunal’s oral decision resulted in jurisdictional error – whether discrepancies between oral statement and written statement or reasons reveal error – no jurisdictional error established – application dismissed. 

BANKRUPTCY – Interlocutory application made by the bankrupt seeking interim orders to restrain the Trustee from executing statutory duties – Injunctions – Balance of convenience – Application dismissed. 

MIGRATION – (Subclass 187) visa – Judicial review of Tribunal’s decision – Where Applicant provided a bogus document or information that is false or misleading in a material particular – Where Tribunal found that PIC4020 criterion not satisfied – Whether compelling or compassionate circumstances existed for waiver of public interest criteria – No jurisdictional error – Application dismissed.  

MIGRATION – application for judicial review of a decision made by the Administrative Appeals Tribunal affirming a decision refusing to grant the applicant a protection visa – whether the Tribunal failed to afford the applicant a fair hearing due to interpreter errors – 
whether the Tribunal failed to consider the correct social group to which the applicant belongs and thus misapplied the refugee criterion – whether the Tribunal failed to consider all claims and evidence presented by the applicant – no jurisdictional error – application dismissed. 

MIGRATION – Protection (subclass 866) visa – Judicial review of Tribunal’s decision – Where Tribunal made adverse credibility findings – Whether the Tribunal failed to give sufficient weight to evidence or information before it – Whether the Tribunal failed to
consider the applicant’s circumstances – Whether Tribunal’s decision was unreasonable – No jurisdictional error – Application dismissed.

MIGRATION – Immigration Assessment Authority – protection visa – whether the Authority failed to consider a claim that was said to arise on the materials – whether the Authority’s conclusions were irrational. 

FAIR WORK – retail industry – failure to comply with statutory compliance notice – where default judgment was entered in respect of liability and respondent has continued to elect not to participate in the proceedings for relief –final relief granted on default. 

INDUSTRIAL LAW – alleged dismissal in contravention of a general protection in the Fair Work Act 2009 (Cth) – where a litigation guardian has been appointed for the applicant – settlement of proceeding – approval of the settlement by the Court. 

BANKRUPTCY – application to review a sequestration order made by a registrar – de novo hearing of creditors’ petition – where first applicant made bankrupt after presentation of creditors’ petition – effect of first applicant’s bankruptcy on proceedings – whether two of three joint creditors can prosecute creditors’ petition - application for leave to re-open – whether joinder appropriate – whether remaining applicants have the right to prosecute creditors’ petition – not satisfied in interests of justice – review allowed – sequestration order set aside. 

FAMILY LAW – PARENTING – Whether final parenting orders made in 2019 (and amended in 2022) should be reconsidered – Where the father claims that one of the children’s health and behaviour has deteriorated since the order was made - Where he claims the children’s views should now be given weight - Where he says that his ability to communicate with the mother has deteriorated – Where the mother and the ICL submit that there has not been a significant change in circumstances and it is not otherwise in the children’s best interest to reconsider the orders. 

FAMILY LAW – just and equitable to make payment out of charge to State Revenue - interim property distribution in favour of the wife – s 102NA order - interlocutory orders still in force.   

MIGRATION – application for judicial review of decision made by the Administrative Appeals Tribunal – medical treatment visa – use of a remote hearing process – whether the Tribunal failed to comply with procedural fairness obligations – application dismissed. 

MIGRATION – application for judicial review – decision made by the Administrative Appeals Tribunal – partner visa – where the applicant sought multiple adjournment requests – where the applicant did not appear at the scheduled hearings – Tribunal’s decision was not unreasonable – application dismissed.  

MIGRATION  – Administrative Appeals Tribunal – Student (Temporary) (Class TU) – Where the applicant provided a bogus document to the Department – Whether it was legally unreasonable for Tribunal to refuse adjournment – Sole ground of judicial review has no merit – Application dismissed with costs. 

MIGRATION – Administrative Appeals Tribunal – Other Family (Residence) (class BU) Remaining Relative (subclass 835) visas – Whether the Tribunal applied a strict application of reg 1.15 of the Regulations – Sole ground of judicial review has no merit – Application dismissed with costs. 

MIGRATION – Immigration Assessment Authority – temporary protection visa - whether the Authority failed to consider a claim – whether the Authority failed to properly assess discrepancies in the applicants’ evidence – whether the Authority failed to consider whether the applicants faced a real chance of persecution by reason of the first applicant’s Afghan appearance.

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – application for an extension of time – where the length of delay was extreme – where the explanation for delay was unsatisfactory – where the substantive application has little merit – application for extension of time dismissed. 

MIGRATION – where application for judicial review of a decision of the then Administrative Appeals Tribunal was filed outside of the statutory timeframe – where substantive application unmeritorious – held that further time for making the application not be allowed. 

MIGRATION – application for judicial review – Safe Haven Enterprise (Subclass 790) visa – Immigration Assessment Authority not satisfied Applicant met s 36(2) of the Migration Act – where Applicant purported to provide new information under s 473DD – whether decision was affected by jurisdictional error – no jurisdictional error established – application dismissed. 

FAIR WORK – construction industry – application for relief in respect of admitted contravention of s.716(5) by reason of failure to comply with statutory compliance notice – consideration of relevant factors – declaration of contravention made and respondent ordered to pay pecuniary penalty.

BANKRUPTCY –  Application to remove respondent as the Trustee of bankrupt estate – Applicant sought to replace the Trustee with another trustee – Applicant seeks for the respondent to pay costs personally – Applicant sought for the respondent to have costs reimbursed –  Application dismissed. 

MIGRATION – Judicial review – Administrative Appeals Tribunal (as it then was) – whether the Tribunal erred in finding that there was a ground of cancellation under s 116(1AA) – whether the Tribunal failed to give proper, genuine and realistic consideration to the risk of harm to the applicants if returned to home country – whether the Tribunal failed to consider the best interests of the applicants’ Australian citizen children and the harm they would face if returned to Sri Lanka – Court finds no jurisdictional error made by the Tribunal – Application dismissed 

MIGRATION – judicial review of a decision of the Immigration Assessment Authority (the Authority) – whether the Authority’s finding that the applicant did not face a well-founded fear of persecution in Sri Lanka due to his diaspora activities in Australia was legally unreasonable – no jurisdictional error – application dismissed. 

MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – whether the Tribunal’s credibility finding was legally unreasonable, irrational or illogical – no error established – application dismissed. 

MIGRATION – JUDICIAL REVIEW – Where a Registrar summarily dismissed the Applicant’s judicial review application – Application for an extension of time for review of the Registrar’s decision – Where the court was satisfied that the Applicant has no reasonable prospect of successfully prosecuting his judicial review proceeding it was not in the interests of justice to extend time for his application for review of the Registrar’s decision – Application for extension of time dismissed. 

MIGRATION – protection visa – decision of the Administrative Review Tribunal – judicial review – no appearance by or on behalf of the applicants – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth). 

MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – whether the Tribunal failed to consider an integer of the applicant’s claims – whether the Tribunal’s reasoning was logically available to it – limitations of the Court’s role in judicial review proceedings – application dismissed.

INDUSTRIAL LAW – termination of employment – general protections claim - where parties agreed the applicant exercised a workplace right – whether applicant was terminated for a prohibited reason – application dismissed.  

MIGRATION – protection visa – decision of the Administrative Review Tribunal – failure to appear before the Tribunal – where Tribunal dismissed the application pursuant to s 99 of the Administrative Review Tribunal Act 2024 (Cth) – whether the applicant was afforded sufficient time to prepare materials – whether the Tribunal failed to consider the applicant’s grounds – no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – Student (Temporary) (Class TU) (Subclass 500) visa – genuine temporary entrant criteria in cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) in force from 23 March 2024 – delegate’s decision not reviewable by the Administrative Review Tribunal as applicant applied for the visa whilst offshore – the Court has jurisdiction to review the delegate’s decision as it is not a primary decision – whether the delegate misapplied and misconstrued cl 500.212 and Direction No. 106 – whether the delegate failed to properly consider the applicant’s evidence in considering the factors mandated by Direction No. 106 – no jurisdictional error disclosed – application dismissed. 

MIGRATION – practice and procedure – application for an interlocutory injunction restraining the Commonwealth and the Secretary of the Department of Home Affairs from removing the applicant from Australia pending the determination of claims for relief the applicant has brought in relation to two applications the applicant made under s 46A(2) of the Migration Act 1958 (Cth) – whether applicant has a prima facie case – whether the balance of convenience favours the granting of an injunction – interlocutory injunction granted. 

MIGRATION – temporary protection visa – decision of the then Immigration Assessment Authority – whether the IAA misapplied the real chance test – whether country information misconstrued – jurisdictional error established – writs issued. 

MIGRATION – Administrative Appeals Tribunal – Protection (Class XA) (subclass 866) visa – Whether the Tribunal failed to consider the personal circumstances of the applicant – Sole ground of judicial review has no merit - No jurisdictional error is made out – Application dismissed with costs.

MIGRATION – judicial review – Student (Temporary) (Class TU) (Subclass 500) visa – genuine temporary entrant criteria in cl 500.212 of the Migration Regulations 1994 (Cth) – whether the Administrative Appeals Tribunal misconstrued and misapplied cl 500.212 of the Regulations – whether the Tribunal took into account an irrelevant consideration for the purposes of cl 500.212(a) and applying Direction No. 69 – whether the Tribunal was required to consider each of subclauses (a), (b) and (c) of cl 500.212 of the Regulations – whether the Tribunal’s findings were irrational or illogical – no jurisdictional error disclosed – application dismissed.

MIGRATION – judicial review of decision of the Administrative Appeals Tribunal – medical treatment visa refusal – cl 602.215 – Tribunal not satisfied applicant genuinely intended to stay in Australia temporarily for medical treatment – application dismissed – reasons delivered ex tempore.

MIGRATION – Judicial Review – absence of approved nomination – futility – no jurisdictional error established – Ministerial intervention – application dismissed.

MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – Protection (Class XA) (Subclass 866) visa – whether the Tribunal was biased – whether the Tribunal failed to consider the applicants’ claims – no jurisdictional error disclosed – application dismissed.