MIGRATION – Application to extend the time for filing to review a decision of the Administrative Review Tribunal – application to extend time considered and rejected by reference to well established factors – application dismissed.

MIGRATION – Application for extension of time – where applicant claimed to be unaware of time limits in which to seek judicial review – where applicant acknowledged having received decision of Tribunal but did not read it until a much later time

MIGRATION – Student (Subclass 500) visa –– application for judicial review – whether Tribunal failed to provide the applicant a meaningful hearing under by s 360 of the Migration Act 1958 (Cth) – evidence of access to funds - cl 500.214 of Sch 2 of the Migration Regulations 1994 (Cth) – amended application dismissed.

MIGRATION – Regional Employer nomination visa – decision of the Administrative Appeals Tribunal – where no approved nomination – allegations of migration fraud – where applicant not ‘identified person’ in nomination – whether the Tribunal failed to comply with s 359A of the Act – no jurisdictional error established – application dismissed

ADMINISTRATIVE LAW – Child support – judicial review of a decision of the Administrative Appeals Tribunal regarding a departure determination – whether the Tribunal failed to afford the applicant procedural fairness, failed to consider relevant considerations, misapplied the law or acted unreasonably in varying the applicant’s adjusted taxable income to take into account a lump sum compensation payment he received – whether the Tribunal failed to understand the implementation of its decision in a manner that went to its jurisdiction – whether the Tribunal misunderstood or misapplied relevant legislation – no error of law established – notice of appeal dismissed.

INDUSTRIAL LAW – application for leave to have issued further subpoena – where applicant has exceeded subpoena limit pursuant to r 16.04 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – whether there exists a legitimate forensic purpose for issue of subpoena – consideration of issues in the proceeding – consideration of nature of anticipated evidence – finding that no legitimate forensic purpose exists – application for leave dismissed

MIGRATION – reasons for judgment delivered ex tempore – extension of time – 361 days out of time – protection visa – inadequate explanation for delay – no reasonably arguable case for jurisdictional error – application dismissed.

INDUSTRIAL LAW - Application pursuant to s 370(a)(ii) of the Fair Work Act 2009 (Cth) (Act) for extension of time within which to make a general protections court application – whether applicant has given adequate explanation for delay – whether applicant has meritorious claim if extension granted –– whether otherwise appropriate to grant extension – extension granted.

MIGRATION – visitor visa – decision of the Administrative Appeals Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)

MIGRATION - Judicial review – application to extend the time for filing – where application approximately 590 days out of time – principles and factors considered – application to extend time for filing refused.

MIGRATION – Protection (Class XA) (Subclass 866) visa – application for an extension of time to seek judicial review – no reasonable explanation for delay – no jurisdictional error – application dismissed.

MIGRATION – partner visa – where applicant did not meet Schedule 3 (cl.3001) criterion – whether the Tribunal erred in its consideration not to apply the criterion for compelling reasons, took irrelevant considerations or failed to take relevant considerations into account and the decision was affected by apprehension of bias and a denial of procedural fairness – no jurisdictional error established – application dismissed with costs.

MIGRATION – Protection (subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – application for an extension of time to bring judicial proceedings under s 477(2) of the Migration Act 1958 (Cth) – whether extension of time is necessary in the interests of the administration of justice – length of delay – prospects of success of substantive application – application dismissed

MIGRATION – Protection (subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – application for an extension of time to bring judicial proceedings under s 477(2) of the Migration Act 1958 (Cth) – whether extension of time is necessary in the interests of the administration of justice – length of delay – prospects of success – application dismissed

PRACTICE AND PROCEDURE – FAIR WORK – application for setting aside or variation of statutory compliance notices issued by Fair Work Ombudsman – interlocutory application for strike out of pleadings and discovery.

MIGRATION – protection (subclass 866) visa – application for review of Registrar’s decision under s 256(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – where Tribunal dismissed application pursuant to s 426A(1A)(b) of the Migration Act 1958 (Cth) – where the Tribunal confirmed its decision to dismiss the application – where Registrar summarily dismissed  judicial review application pursuant to r 13.13 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – where application for review of Registrar’s decision made out of time – whether extension of time ought be granted – no real prospect of success – application for extension of time refused – application dismissed

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal engaged in an active and intellectual process – whether the Tribunal was legally unreasonable – jurisdictional error established – writs issued

MIGRATION – protection visa – judicial review of a decision of the Immigration Assessment Authority –  where invitation to attend Departmental interview did not comply with procedural requirements under the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth) – where effect of non-compliance was that applicant had only one day’s notice of interview – where submissions provided to the Authority were prepared by the same migration agent whose conduct was the subject of Minister for Home Affairs v DUA16 – where submissions contained some information that did not obviously relate to the applicant - whether in those circumstances the failure of the Authority to exercise the power in s 473DC of the Act to invite the agent to provide further submissions was unreasonable – case analogous to DUA16 – no jurisdictional error – application dismissed with costs

PRACTICE & PROCEDURE – Where originating application for review made clear that applicant sought audio files of interview in order to provide further grounds or particulars – adjournment and costs consequences where Minister failed to provide audio files since commencement of proceedings until ordered by the Court.  MIGRATION – Whether Immigration Assessment Authority erred in determining whether to consider new information

MIGRATION – Protection (subclass 866) visa – application for reinstatement of application for judicial review – whether reasonable excuse for non-appearance at hearing – whether reasonable excuse for delay in bringing application for reinstatement – whether reasonably arguable grounds of review – application dismissed.

PRACTICE AND PROCEDURE – industrial law –– where the applicant commenced proceeding in this Court alleging contraventions of Part 3-1 of the Fair Work Act 2009 (Cth) – where at time of application there was an extant complaint in the Australian Human Rights Commission – where AHRC complaint was later withdrawn by applicant – where respondents seek dismissal of Court proceeding to the extent that conduct pleaded is substantially the same as conduct identified in the AHRC complaint – whether s 734(1) of the FW Act is engaged in relation to this conduct – whether there is any jurisdictional impediment to the applicant commencing a fresh application in this Court – dismissal application allowed – leave granted to the applicant to commence fresh general protections application out of time

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to apply the statutory requirements for a protection visa – whether the Tribunal’s reasoning process is unreasonable or illogical – whether the Tribunal failed to address aspects of the applicants’ evidence – whether the Tribunal was biased – no jurisdictional error – Ministerial Intervention – application dismissed.

FAIR WORK – interlocutory application by third respondent for summary dismissal under s 143 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and r 13.13 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – whether there are no reasonable prospects of the applicant proving the third respondent is a ‘responsible franchisor entity’ as defined under s 558A(2) or a holding company under s 558B(2) of the Fair Work Act 2009 (Cth) – whether any deficiency in the pleadings against the third respondent is incurable – summary dismissal of the proceeding against the third respondent refused on the basis the deficiency in the pleadings may be curable by amendment – leave granted to amend the statement of claim to plead accessorial liability pursuant to s 550 of the Fair Work Act 2009 (Cth)

MIGRATION – judicial review – decision of Administrative Appeals Tribunal – dismissal for non-appearance – costs ordered.

MIGRATION – protection visa – judicial review of decision of Immigration Assessment Authority – whether finding as to receiving country open – whether the applicant’s claim of statelessness clearly articulated or emerges from materials – whether statement given to authority was new information – where statement provided outside time allowed – whether Authority acted unreasonably in not accepting statement or not seeking further information – whether Authority considered all relevant information – whether all claims for protection considered individually and cumulatively – whether the Authority misconstrued or misapplied the statutory tests for refugee and complementary protection – where asserted errors invite merits review – no jurisdictional error established

MIGRATION – application for judicial review of a decision of the then Administrative Appeals Tribunal – where the primary applicant was not subject of an approved employer nomination visa therefore did not satisfy cl.186.223 – application is dismissed with costs

PRACTICE AND PROCEDURE – application for default judgment – discretionary – whether court should give default judgment where primary claim seems questionable. INTELLECTUAL PROPERTY – alleged Trade Mark infringement – Trade Mark consisting of the word “Snakeman” – whether that trade mark is a descriptive term. DEFAMATION – associated jurisdiction – whether defamation action arises from substantially the same or closely connected facts to the Trade Mark claim

MIGRATION – protection (subclass 866) visa – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – judicial review – whether the Tribunal failed to consider relevant facts – whether the Tribunal considered the statehood of the applicant’s child – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal failed to do its duty – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

MIGRATION – Judicial review – decision not to grant a Protection (Class XA) (subclass 866) visa – dismissal for non-appearance

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – matter listed for a directions hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

MIGRATION - application for an extension of time for judicial review of a decision of the then Administrative Appeals Tribunal – where substantive application lodged 3 days out of time - where substantive application fundamentally lacks merit and therefore is futile – extension of time not in the interests of the administration of justice and application refused.

MIGRATION – Temporary Skills Shortage visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to consider – legal unreasonableness – no jurisdictional error established – application dismissed

MIGRATION – Student (Temporary) (Class TU) (subclass 500) visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to consider evidence – failure to afford procedural fairness – no jurisdictional error established – application dismissed.

MIGRATION – Judicial Review – Protection Visa – Bangladesh – Political persecution – Sexual assault – Relocation - Unreasonableness - Unwarranted assumption – Consideration of corroborative evidence – Failure to consider a claim – Application dismissed with costs

MIGRATION – Whether Tribunal failed to afford meaningful hearing opportunity to applicant – whether, including as a consequence, Tribunal failed to consider best interests of child – whether findings inconsistent

MIGRATION – Judicial Review – Administrative Appeals Tribunal - Protection Visa – China – Where applicant provided limited documentation in support of his claim to the Tribunal – Impermissible merits review – Failure to consider country information – Application dismissed

MIGRATION – Judicial Review – Administrative Appeals Tribunal – Protection Visa - Application dismissed

MIGRATION – Whether cl 186.222 of the Migration Regulations is invalid by reason of inconsistency with s 55 of the Migration Act as found in Berenguel, despite relevant amendment

MIGRATION – review of a decision of the Administrative Appeals Tribunal – protection visa – no jurisdictional error established – application dismissed.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the conduct of the applicant’s migration agent or a third party amounted to a fraud on the Tribunal – no evidence before the Court to establish fraud – no jurisdictional error – application dismissed

MIGRATION – Administrative Appeals Tribunal – Temporary Graduate (Post Study Work Stream) (subclass 485) visa – application made more than six months after completion of course – application therefore did not comply with cl.485.231 – no jurisdictional error.

MIGRATION – Student visa – Application for judicial review – Where applicants failed to attend scheduled hearing – Application dismissed.

MIGRATION – Whether student visa applicant was genuine temporary entrant

BANKRUPTCY – Creditor’s Petition for a sequestration order - Applicant holds multiple costs orders against Respondent – Respondent alleges he is a whistleblower and should have never had a judgment made against him – Respondent alleges he does not owe the costs debt in question – whether there is other sufficient cause to apply court’s discretion to not make sequestration order- Respondent alleges he has multiple ongoing claims against Applicant in other courts for an equivalent and/or greater amount than the debts claimed against him – Respondent alleges Applicant pursuing sequestration order with intent of securing object other than recovering a debt – namely to stifle ongoing claims in other courts – whether issuance of bankruptcy notice amounts to an abuse of process

MIGRATION – Protection (subclass 866) visa – Application for review of Registrar’s decision – Extension of time of four days required – Where Registrar dismissed the application for judicial review for non-appearance and then dismissed an application for reinstatement – Where the judicial review grounds have no reasonable prospects of success – Application for extension of time refused – Application for review of Registrar’s decision refused – Order for costs

MIGRATION – extension of time – seven days out of time – protection visa – inadequate explanation for delay – no reasonably arguable case for jurisdictional error – application dismissed.

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether applicant denied procedural fairness – whether Tribunal’s reasoning process was illogical and unreasonable - no jurisdictional error established – application dismissed.

MIGRATION — Judicial review — protection visa — non appearance of applicant — default judgment — leave for notice of discontinuance refused — application dismissed

MIGRATION –Judicial review – decision of Administrative Appeals Tribunal – protection (class XA) (subclass 866) visa – whether Tribunal’s findings unreasonable – invalid certificate – whether denial of procedural fairness – no jurisdictional error established – application dismissed

MIGRATION – judicial review of Administrative Appeals Tribunal’s (the Tribunal) decision – protection visa – whether the Tribunal’s findings are legally unreasonable – jurisdictional error established.