MIGRATION – extension of time – seven days out of time – where related judicial review matter dismissed – no arguable case for jurisdictional error – application dismissed 

MIGRATION - Safe Haven Enterprise Visa (Class XE) (Subclass 790) visa – grounds of review invite the Court to undertake impermissible merits review – allegation of illogicality, unreasonableness in the decision under review – no breach of s 473 DD of the Migration Act 1958 (Cth) – no jurisdictional error established –  application dismissed with costs 

MIGRATION – Judicial review – Temporary Graduate visa – English language requirement – minimum overall test score met but test not undertaken within three years prior to application – invitation to impermissibly engage in merits review of the delegate’s decision – allegations of procedural unfairness – error found but not material – jurisdictional error not established – application dismissed.

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE REVIEW TRIBUNAL – protection visa – applicant self-represented – whether the Tribunal was affected by apprehended bias – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal failed to take evidence into account – no jurisdictional error established – application dismissed with costs  PRACTICE AND PROCEDURE – APPLICATION FOR AN ADJOURNMENT AND REFERRAL FOR LEGAL ASSISTANCE – where the applicant took recent steps to seek legal assistance – where there is no certainty of legal representation – where a party has no right to apply for a referral for legal assistance – where the discretion to adjourn the hearing or refer the applicant for legal assistance is not enlivened 

MIGRATION – application for judicial review – whether Tribunal correctly considered subreg 2.72(10)(f) of the Migration Regulations 1994 (Cth) – meaning of the word ‘genuine’ – whether open to the Tribunal to consider financial circumstances of the nominator – no jurisdictional error established – application dismissed 

MIGRATION – student visa – decision of the Administrative Appeals Tribunal – treatment of prejudicial material – apprehended bias – where fair-minded lay observer might consider Tribunal affected by subconscious bias – futility – application succeeds – writs issued. 

MIGRATION LAW – Where the Authority made findings contrary to the evidence before it – where no reasonable decision maker could have made such findings – where a different decision could have been arrived at had the Authority not erred – jurisdictional error established – application granted.   

PRACTICE AND PROCEDURE – Application to transfer proceeding to the Federal Court of Australia – relevant considerations.  

MIGRATION – Whether Immigration Assessment Authority decision is attended by reasonable apprehension of bias – whether Authority failed to consider claims – whether error in relation to treatment of data breach – whether IMMI17/015 is invalid insofar as it purports to apply to the applicant.

MIGRATION – Whether the Tribunal erred in failing to address and make findings in respect of each identified possible contravention of a provision of the Act as set out in a Notice of Intention to Consider Cancellation of a visa – no jurisdictional error established – application dismissed.  

MIGRATION – Whether Immigration Assessment Authority failed to engage an active intellectual process resulting in unreasonable, illogical and irrational credibility findings. 

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa to applicant from Iran – Direction No 84 given by Minister under s 499 of Act – obligation of Tribunal pursuant to Direction No 84 to take into account DFAT country information assessment where relevant – Tribunal did not take into account or consider most recent DFAT country information assessment concerning Iran – whether information in DFAT assessment was relevant to Tribunal’s decision – whether any failure by Tribunal to comply with Direction No 84 and s 499 of Act was material – whether Tribunal’s decision could realistically have been different if Tribunal had considered DFAT assessment. 

BANKRUPTCY – Costs – application pursuant to order previously made that costs of applicant be set or be referred for taxation – applicant’s costs set.

INDUSTRIAL LAW – alleged breach of general protections – workplace right – adverse action – onus – whether workplace right to a safe workplace or a safe system of work – whether workplace right to workers compensation – whether a workplace right to the provision of medical assistance – whether workplace right to payments for medical treatment before acceptance of liability by workers compensation insurer – whether workplace right to be provided with light duties - whether coercion – whether discouragement constitutes coercion – whether undue influence or pressure – whether false or misleading misrepresentation made knowingly or recklessly – whether discrimination on basis of race, disability or national extraction – whether coercion concerning allocation  of particular duties to employee – whether consultation concerning change to regular roster or a change to ordinary working hours.

PRACTICE AND PROCEDURE – Application to reopen proceedings and file further materials – consideration of relevant factors – allegations of collusion and corruption – alleged conflicts of interest of respondent’s barrister, barrister’s parents and judicial officers – allegations of serious misconduct against respondent’s barrister – allegations irrelevant and scandalous – some material previously struck out – length of hearing – finality of litigation

MIGRATION – student visa – application for review of a decision of the Administrative Appeals Tribunal – whether the Tribunal was unreasonable – whether the Tribunal erred in affording procedural fairness – no jurisdictional error established – application dismissed.

INDUSTRIAL LAW – FAIR WORK – failure to comply with a compliance notice – application for imposition of pecuniary penalties – consideration of factors relevant to penalty – pecuniary penalties ordered

INDUSTRIAL LAW – application for default judgment against company and its sole director – default judgment – declarations made.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant bridging visa – whether earlier protection visa application finally determined – whether earlier application for judicial review of protection visa refusal decision not finally determined – application dismissed 

MIGRATION - judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visas – whether Tribunal erred in not accepting applicant’s claim that Colombian authorities were unable or unwilling to protect applicant – whether Tribunal overlooked or failed to consider items of information in documents Tribunal otherwise considered – whether findings of Tribunal supported by probative evidence – whether Tribunal assessed significance of findings of inconsistencies in applicant’s evidence – no jurisdictional error established - application dismissed 

MIGRATION – related applications for judicial review of decisions of the Administrative Appeals Tribunal – where the Tribunal’s finding that a claim of mistaken identity was unsupported overlooked support for the claim in Australian Border Force records before the Tribunal – whether findings regarding inconsistencies were open – whether the Tribunal considered other evidence that was before it – materiality – writs issued 

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant applicant protection visa – no point of principle – application dismissed 

MIGRATION – review of administrative appeals decision – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed. 

MIGRATION – Administrative Review Tribunal – where there were significant discrepancies in the applicant’s evidence –  adverse credibility findings – where the grounds of judicial review do not reveal jurisdictional error – no jurisdictional error established – application  dismissed with costs

MIGRATION – Administrative Appeals Tribunal – cancellation of a Spouse (subclass 820) visa and Bridging A (subclass 010) visa – where the applicant had previous criminal conviction charges – suppression order made in regard to a  s 359A letter – whether the Tribunal failed to comply with the requirements of s 359A –  whether the Tribunal denied the applicant an opportunity for a physical hearing –  no jurisdictional error made out – application dismissed with costs. 

MIGRATION – Administrative Appeals Tribunal – Prospective Marriage (Class TO) (Subclass 300) visa – whether the Tribunal’s reasoning was illogical, irrational or unreasonable – where there was inconsistencies in the applicant’s evidence to the Tribunal -adverse credibility findings made – no jurisdictional error established – application dismissed with costs.  

MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal failed to give active consideration to clearly articulated claims – whether the Tribunal fell into jurisdictional error by adopting legally unreasonable reasoning in relation to its findings regarding the applicant’s credibility – both grounds of judicial review have no merit – application dismissed 

PRACTICE AND PROCEDURE – application for interlocutory injunction to restrain first respondent from unlawfully terminating the applicant from his employment – strength of prima facie case – balance of convenience – nature and terms of the applicant’s employment in dispute – substantial dispute about the status quo – applicant led no evidence about the nature of his employment with the first respondent – no sufficient prospects of success to warrant the preservation of the status quo – application for interlocutory relief dismissed

INDUSTRIAL LAW – Where applicant failed to commence proceedings within 14 days of days of certificate issued by Fair Work Commission – whether time should be extended – where basis for delay said to include medical grounds – where applicant altered medical certificate – extension of time refused

CONSUMER LAW – contract of employment – whether respondent made misleading or deceptive representations in relation to terms of engagement – whether written terms superseded alleged oral representations

INDUSTRIAL LAW – Fair Work Act – alleged contravention of industrial instrument – claim for overtime under applicable enterprise agreement – where applicant claims to have worked over 60 hours per week – whether applicant can establish hours actually worked – whether salary paid to applicant contemplates and compensates for additional hours – whether respondent authorised the working of additional hours – operation of set-off clause in contract of employment.  INDUSTRIAL LAW – adverse action – where applicant claims to have made complaints and inquiries about employment – whether applicant exercised workplace rights within meaning of Fair Work Act – where applicant dismissed from employment after involvement in workplace incident – whether applicant dismissed for reasons which included the exercise of workplace rights – inquiry into the subjective reasons of decision-maker – whether employer has discharged the statutory presumption under s 361 of the Fair Work Act 

INTELLECTUAL PROPERTY – final relief in relation to established causes of action based on copyright infringement, breach of confidence, and breach of s 183(1) of the Corporations Act 2001 (Cth) (Corporations Act) – whether principles relating to springboard injunctions apply to the granting of injunctions in relation to copyright infringement and the granting of injunctions pursuant to s 1324(1) of the Corporations Act – whether the applicant’s disclaiming a claim for copyright infringement based on the three dimensional reproduction of the copyright works is a bar to granting an injunction restraining the two dimensional  reproduction of the copyright works and the granting of delivery up orders in relation to two dimensional infringing reproductions of the copyright works - whether in relation to the cause of action based on breach of confidence information held to be confidential is in the public domain such as to warrant at most the granting of a springboard injunction rather than a permanent injunction restraining the use of the information that was held to be confidential – declarations, permanent injunctions, and other orders made – the making of a delivery up order and orders in relation to costs postponed.

INTELLECTUAL PROPERTY – Practice and procedure – whether application for a stay of order for the payment of profit pending the hearing of an appeal should be granted – stay granted on terms that respondents pay part of the profits ordered.

MIGRATION – application for Protection (Class XA) (Subclass 866) visa – Administrative Appeals Tribunal not satisfied that applicant is a person to whom Australia owes protection obligations as outlined in s36(a) or (aa) and affirmed Delegate’s decision to refuse the application for the Protection (Class XA) (Subclass 866) visa – application for judicial review – no meaningful ground of jurisdictional error asserted – jurisdictional error not established – application for judicial review dismissed.

MIGRATION – Student 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 r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) 

MIGRATION – Protection (class XA) (subclass 866) visa – visa refused – decision of the (then) Administrative Appeals Tribunal to affirm delegate’s decision – application for extension of time – where proposed grounds of review lack merit – no real prospects of success – application for extension of time refused – application dismissed

MIGRATION – student visa – application for review of a summary dismissal decision made by a Registrar filed outside of proscribed timeframe – where application devoid of merit, cannot succeed and is refused with costs.  

MIGRATION – Application for judicial review of decision of the (then) Administrative Appeals Tribunal – where Tribunal made adverse finding about the First Applicant’s immigration history in reliance on her own evidence – whether Tribunal applied incorrect test, took into account an irrelevant consideration and/or was illogical and unreasonable – whether demonstration of apprehended bias – no jurisdictional error established and application dismissed with costs. 

MIGRATION – employer nomination visa – application for review of a summary dismissal decision made by a Registrar – where primary applicant did not have an approved nomination or a sponsor at the relevant times and second applicant has never held any Australian visa – application can not succeed and is dismissed with costs.  

MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – McKenzie friend – where the Secretary failed to comply with s 473CB of the Migration Act 1958 (Cth) – whether s 473CB breach resulted in the IAA’s failure to accurately understand the contents and import of a document the Secretary had failed to provide – where material superseded and not relevant – unreasonableness – no jurisdictional error established – application dismissed.

MIGRATION – Judicial Review – Administrative Appeals Tribunal – Protection visa – Malaysia – Whether Tribunal failed to consider claims – Whether Tribunal failed to afford procedural fairness – Whether it is a jurisdictional error for the Tribunal to refer to the Refugee Convention rather than the codified definitions – Weight given to country information – No question of principle – Application dismissed

MIGRATION – Student visa refusal – decision of the Administrative Appeals Tribunal to confirm its dismissal for non-appearance – where applicant says he was not made aware of hearing by reason of his representative – where the Tribunal refused an application for adjournment –where Tribunal found it was not appropriate to reinstate the application – application dismissed

MIGRATION – partner 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 r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)  

PRACTICE AND PROCEDURE – Third party request for access to documents on the electronic court file – applicable principles and consideration of the interests of the proper administration of justice.  

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

INDUSTRIAL LAW – FAIR WORK – application for default judgment – where respondents have not filed any response material or otherwise participated in proceedings – consideration of rr 13.04 and 13.05 of the Federal Circuit and Family Court of Australia (Division 2) General Federal Law) Rules 2021 (Cth) – alleged contraventions of ss 45, 323(1) and 325 of the Fair Work Act 2009 (Cth) – contraventions found – application granted.

Whether Court had jurisdiction to hear associated matter – whether tort of detinue or conversion – whether second respondent refused demand to return applicant’s belongings – relief granted.

MIGRATION – Protection visa – decision of the then 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 r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal failed to notify applicant of issue arising in relation to decision under review – application dismissed 

MIGRATION– Judicial review of a decision of the Administrative Appeals Tribunal to not grant a protection visa – findings in relation to the Applicant’s whistleblower status and his Chinese Christian ethnicity – Tribunal accepted some of the Applicant’s claims but did not find risk of harm and/or protection obligations – Applicant seeks merits review – no jurisdictional error identified – application dismissed with costs 

MIGRATION – judicial review – protection visa – claims of domestic violence – whether Tribunal’s credibility findings impugned – inconsistencies, implausibilities and unwarranted assumptions – legal unreasonableness – jurisdictional error established.

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal failed to consider GTE information submitted by applicant – whether Tribunal failed to consider claims cumulatively - no jurisdictional error established – application dismissed.  

MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – matter listed for a final hearing by video link – applicant offshore – 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 – extension of time – student visa – three days out of time – inadequate explanation for delay – no reasonably arguable case for jurisdictional error – application dismissed.