PRACTICE AND PROCEDURE – application for review of an exercise of power by a Registrar – where a Registrar summarily dismissed the applicant’s judicial review application – application dismissed

MIGRATION – where the Administrative Appeals Tribunal found it had no jurisdiction to review a decision of a delegate of the Minister that it had already reviewed

FAIR WORK – SMALL CLAIM – reasons for judgement delivered ex-tempore

FAIR WORK – Application to strike out Statement of Claim – Statement of Claim does not comply with the Rules and the fundamental principles of pleadings such that the Respondent knows the case it has to meet – Statement of Claim struck out – Opportunity for the Applicant to replead

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether Tribunal failed to understand meaning and effect of s 36(2A) of the Migration Act 1958 (Cth) – whether Tribunal considered applicant’s protection claims erroneously and narrowly – whether Tribunal made an illogical, irrational or unreasonable decision – whether Tribunal failed to “investigate” the applicant’s claims for protection – whether Tribunal failed to comply with s 424A of the Act – no jurisdictional error – application dismissed

MIGRATION - judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa - whether Tribunal erred in deciding not to try to contact authors of two letters to obtain further evidence from them – whether Tribunal erred in finding that witness provided false evidence to Tribunal at applicant’s request – no jurisdictional error established – application dismissed.  

MIGRATION – Protection (Class XA) (Subclass 866) visa – alleged fraud by migration agent upon Tribunal – allegation of fraud unsupported by evidence – no particulars of jurisdiction error – no error apparent - application dismissed with costs

MIGRATION LAW – application for extension of time – decision of delegate of Minister for Immigration – safe haven enterprise (XE-790) visa – where the application was filed 1 year and 11 months out of time – consideration of whether it is in the interests of justice to grant the extension of time – where applicant claims to have not been aware of the Immigration Assessment Authority decision – where numerous attempts had been made by the delegate to arrange a Safe Haven Enterprise Visa interview with the applicant to no avail – application dismissed with costs.

MIGRATION – Protection visa – decisions of the then Administrative Appeals Tribunal – whether the applicant was properly invited to attend a Tribunal hearing – whether the Tribunal acted reasonably in exercising its discretion under s 426A of the Migration Act 1958 (Cth) – whether the Tribunal ignored the potential harm the applicant would face if returned to his home country – whether the Tribunal dismissed his application without complying with its procedural fairness obligations – whether the conduct of the applicant’s agent or solicitor amounted to a fraud on the Tribunal – no jurisdictional error – application dismissed

MIGRATION - Immigration Assessment Authority - Safe Haven Enterprise Visa (class XE) (subclass 790) visa refused – whether the Authority failed to correctly construe and apply s 463DD or engaged in illogicality – whether the Authority acted unreasonably by failing to exercise its statutory power under s 473DD – no jurisdictional error arises – application dismissed.

MIGRATION– Application for judicial review – decision of the Immigration Assessment Authority – Safe Haven Enterprise visa – where the applicant claims that the Authority did not consider relevant or new information under section 473DD of the Act – finding that the Authority gave proper consideration to the information before it – jurisdictional error not established – application dismissed with costs.

MIGRATION – Protection Visa – Where the Tribunal did not fail to consider relevant material – Where there was no evidence that the Tribunal made its decision in bad faith –  Where there was no error in the Tribunal taking into account the delay in the application for protection and drawing an inference unfavourable to the Applicant’s credibility because of the delay – Where the Tribunal was not required to put the Applicant on notice about doubts it had about inconsistencies in the Applicant’s evidence – Where the Tribunal had no duty to make further inquiries – Application dismissed

MIGRATION – Administrative Appeals Tribunal - Temporary Graduate (Post-Study Work) (class VC) (subclass 485) visa – whether the Tribunal misinterpreted and misapplied case law – whether there is an inconsistency between regulations and the Migration Act 1958 (Cth)- whether the nature of the visa application affects cl 485.212 – no jurisdictional error made out – application dismissed.

MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – application for adjournment no longer pressed – whether the Tribunal misapplied or did not properly assess the applicant against the criteria set out cl 500.212 in Schedule 2 of the Migration Regulations 1994 (Cth) or the relevant Ministerial Direction – whether the Tribunal failed to consider the correct issue or made a decision was based on assumptions – whether the Tribunal failed to consider the applicant’s personal circumstances when affirming the delegate’s decision – whether the Tribunal failed to consider the degree of hardship caused to the applicant and his family – whether the Tribunal failed to comply with its procedural fairness obligations – no jurisdictional error – application dismissed.

MIGRATION – Student visa cancellation – decision of the then Administrative Appeals Tribunal – matter listed for a final hearing by video link– 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 - Administrative Appeals Tribunal - Student (Temporary) (Class TU) (subclass 500) visa – s 359 request - allegation that the Tribunal should have requested ‘specific’ information rather than ‘general’ information – illogicality or irrationality in the Tribunal decision – no jurisdictional error established – application dismissed – costs.

INDUSTRIAL LAW – Application for costs – Respondent seeks indemnity costs – Whether Application was filed without reasonable cause – Consideration of conduct of the Applicant – Whether indemnity costs as sought is appropriate – Applicant to pay costs in a fixed sum

CONSUMER PROTECTION – Dispute between contractors about a sub-contract for goods and services in the building industry – where the Applicant seeks rectification of the sub-contract to correct party name – consideration of applicable principles – no order of rectification made – application by non-party must be dismissed.

MIGRATION – Extension of time – whether reasonable explanation for delay – whether prejudice – whether reasonable prospects of success – extension of time not granted – order for costs against lawyer – application dismissed

MIGRATION - Temporary Graduate (Class VC) (Subclass 485) visa – application for judicial review – amendment of application to seek mandamus - failure to accompany visa application with evidence – Regulation 485.215 - whether Tribunal failed to consider all materials available to it – whether Tribunal failed to consider a material fact – error of law - application allowed

MIGRATION – Protection (Class XA) (Subclass 866) visa - application for judicial review – application for extension of time – where applicant failed to attend – applications dismissed.

MIGRATION – judicial review – protection visa – interpreter error – whether the Tribunal discharged procedural fairness obligations – real and meaningful opportunity to give evidence and present arguments – materiality – jurisdictional error established – application allowed.

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether decision was made too quickly – whether failure to consider claims – whether applicant given sufficient opportunity to present his case – no jurisdictional error established – application dismissed

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal –  alleged failure to consider material of significance – whether the Tribunal was required to consider statutory declaration made by the applicant’s husband – what inferences to be drawn from the failure of the Tribunal to refer to the statutory declaration in its written statement of reasons – whether findings made by the Tribunal rejecting the applicant’s sexual identity claims were unreasonable – finding that the Tribunal was required to consider the husband’s statutory declaration and failed to do so – error material – writs issued

MIGRATION – Judicial review – decision not to grant a Student (Temporary) (Class TU) visa – dismissal for non-appearance

MIGRATION – Protection Visa – Where the Authority did not fail to consider a claim as to whether the First Applicant’s husband was suspected of involvement in the LTTE – Where the Authority’s assessment of a letter from the First Applicant’s husband complied with s. 473DD and was not unreasonable in the legal sense – Where the Authority did not misconstrue its statutory task by imposing an onus of proof on the Applicants – Where the Secretary did not comply with a duty under s. 473CB(1)(c) to give relevant information from an invalid visa application to the Authority but the failure was not material to the result – Where the Authority made an assessment of “new information” as to an ICRC Detention Attestation under s. 473DD(b)(ii) of the Act and its conclusion was not unreasonable in the legal sense – Application dismissed

MIGRATION – Safe Haven Enterprise Visa – decision of the Immigration Assessment Authority – whether failure to properly apply s 36(2A) in determining no risk of suffering serious harm – whether failure to fully or properly consider likelihood of harm – whether failure to consider applicant’s relationship to receiving country – whether IAA was required to consider welfare and safety of the applicant – whether need to consider new information in accordance with s 473DD – no jurisdictional error – application dismissed

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether failure to consider claims – whether applicant given sufficient opportunity to present his case – no jurisdictional error established – application dismissed

MIGRATION – Student (Subclass 500) visa refused –Applicant had given or caused to be given false or misleading information in a material particular in a visa application in the 12 month period before application made – Genuine Temporary Entrant criteria not met – Public Interest Criteria not met – No compelling or compassionate circumstances to allow waiver of public interest criteria –Administrative Appeals Tribunal affirmed delegate’s decision – Judicial review of Tribunal’s decision – Whether Tribunal failed to differentiate between the two limbs of public interest criteria and treated as one criteria –Whether Tribunal applied the wrong test – Whether Tribunal provided adequate reasons for its decision-no jurisdictional error – Application for judicial review dismissed

MIGRATION – protection visa application – applicant’s non-attendance at final hearing – application dismissed pursuant to r13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

MIGRATION – Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – protection visa – claim of public interest immunity upheld – whether the Tribunal made a decision so unreasonable that no reasonable person would have made it – whether Tribunal erred by not adjourning or offering to adjourn hearing to enable applicant to obtain legal advice regarding issue of self-incrimination – whether the Tribunal erred by not making obvious inquiries about critical facts – no jurisdictional error established – application dismissed

MIGRATION – Legal Practitioners– conduct of legal practitioner before the Court - citation of cases and quotes from Tribunal decision which do not exist – case citations generated by an artificial intelligence program – practitioner afforded an opportunity make submissions as to why he should not be referred to the Office of the NSW Legal Services Commissioner – Referral made

MIGRATION – Judicial Review – Partner Visa – Applicant not the holder of a substantive visa at the time of or 28 days before application – where Tribunal did not find compelling reasons to waive that requirement – application dismissed – costs awarded against the applicant and applicant’s legal representative

PRACTICE AND PROCEDURE – application for an extension of time to seek review of an exercise of power by a Registrar – where a Registrar summarily dismissed the applicants’ judicial review application – extension of time refused.

BANKRUPTCY – application for possession of property – applicant is trustee of the bankrupt estate of the respondent – applicant seeks vacant possession of the property – application proceeded on an undefended basis – orders for the respondent bankrupt to vacate the property – warrant of possession of property issued.

INDUSTRIAL LAW – application for civil penalty –contraventions of enterprise agreement under Fair Work Act 2009 (Cth) – agreed penalty – appropriate penalty

MIGRATION – Application for judicial review of a decision made by the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa – where the applicant made a general and unparticularised assertion of jurisdictional error – where the applicant asserted that the Tribunal decision was based on personal opinion and not evidence – no jurisdictional error established – application dismissed.

MIGRATION – Protection visa – application for judicial review – whether Tribunal failed to conduct the statutory task – role of the Court - application dismissed with costs.

MIGRATION - Student (Temporary) (class TU) (Subclass 500) visa – Administrative Appeals Tribunal – application for judicial review – no jurisdictional error established – application dismissed

BANKRUPTCY – Review of registrar’s decision to make a sequestration order – hearing de novo – sequestration order set aside – creditor’s petition to be heard on a date to be fixed.

MIGRATION – application for an urgent interlocutory injunction to restrain the Minister from removing the applicant from Australia pending the outcome of his judicial review application – whether there is a serious question to be tried – whether balance of convenience favours grant of injunction – injunction granted.

MIGRATION – Protection (Class XA) (Subclass 866) visa – application for review of Registrar’s decision – application for extension of time to seek judicial review - whether adequate explanation for delay – no reasonable prospects of successfully prosecuting application – application dismissed.

MIGRATION – Judicial review application – Immigration Assessment Authority decision – citizen of Pakistan – whether constructive failure to exercise jurisdiction by failing to engage with claims of cyclical violence in the Kurram District – whether material jurisdictional error – writs issued

MIGRATION – extension of time application – explanation of delay is unsatisfactory – no jurisdictional error established

MIGRATION – Administrative Appeals Tribunal – Regional Employer Nomination (Permanent) (Class RN) visa – substantive judicial review application –application for review of a judicial Registrar’s decision to set aside order as to costs refused – should costs follow the event – where the applicant’s legal representative withdrew from substantive proceedings – whether the applicant had standing to challenge a Nomination decision – whether the applicant met cl 187.233 of the Migration Regulations 1994 (Cth) – application dismissed.

MIGRATION - Immigration Assessment Authority - Safe Haven Enterprise (class XE) (subclass 790) visa – Whether the Authority failed to give proper and genuine consideration to the applicant’s evidence

HUMAN RIGHTS – Public interest immunity claim – Risk of inadvertent disclosure – Possibility of harm to the public interest - Claim upheld.

MIGRATION – application for judicial review of decisions of Administrative Appeals Tribunal – where delegate refused application for Employer Nomination Scheme visa – where Tribunal dismissed application for review due to non-attendance at hearing – where dismissal confirmed – whether visa application validly withdrawn prior to delegates decision – whether withdrawal lodged by applicants nominated recipient constituted valid withdrawal – construction of s 49 of the Migration Act considered - whether applicant gave authority for withdrawal – held withdrawal was effective – Tribunal lacked jurisdiction where visa application had been withdrawn

MIGRATION – Refusal to grant student visa – application for judicial review - Tribunal request for information-failure to supply information requested- Tribunal affirmed delegate’s decision without hearing -denial of natural justice and procedural fairness – unreasonable decision – application dismissed with costs.

MIGRATION – application for judicial review of decisions of Administrative Appeals Tribunal – where delegate refused application for Employer Nomination Scheme visa – where Tribunal dismissed application for review due to non-attendance at hearing – where dismissal confirmed – whether visa application validly withdrawn prior to delegates decision – whether withdrawal lodged by applicants nominated recipient constituted valid withdrawal – construction of s 49 of the Migration Act considered - whether applicant gave authority for withdrawal – held withdrawal was effective – Tribunal lacked jurisdiction where visa application had been withdrawn

MIGRATION – judicial review – decision of Administrative Appeals Tribunal – whether applicant satisfied clause 500.212 – no jurisdictional error established – application dismissed.