MIGRATION - applicant has failed to appear - appropriate to exercise the Court’s powers under r 5.10(a) of the rules to dismiss the proceedings – proceedings dismissed. 

FAIR WORK – costs application – application under s 570(2)(b) Fair Work Act 2009 (Cth) – whether unreasonable act or omission – no order as to costs. 

INDUSTRIAL LAW – general protections – adverse action – workplace rights – whether employee exercised workplace rights by making a bullying complaint – whether employer took adverse action against employee – factual dispute as to character of the decision taken about the employee’s position – decision to make position redundant constituted adverse action within the meaning of s 342 of the Fair Work Act 2009 (Cth) (FW Act) – whether adverse action taken because of the exercise of workplace rights – reverse onus of proof under s 361(1) of the FW Act- evidence of decision maker as to reasons for taking adverse action accepted – where satisfied that the adverse action was not taken because of the exercise of the established workplace right – reverse onus discharged – general protections claim dismissed  INDUSTRIAL LAW  – alleged contraventions of s 50 of the FW act for contravening terms of the Dandenong Casey General Practice Association Certified Agreement 2009-2019 –  whether employer failed to consult about major change – whether employer failed to take all reasonably practicable steps to provide a working environment that is safe and without risks to health – contraventions established – declarations made and compensation awarded – the question of penalty to be determined at a separate hearing. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa – whether the Tribunal made unreasonable findings without evidence and without asking itself what the consequences would be if an alternative interpretation were correct – no jurisdictional error – application dismissed.  

MIGRATION – Application for judicial review of a decision made by the Administrative Review Tribunal – whether the Tribunal misapplied the ‘real chance’ test – whether the Tribunal was required to apply the ‘what if I am wrong?’ test – whether the Tribunal appropriately took into account any doubt in its factual findings – no jurisdictional error – application dismissed.

INDUSTRIAL LAW – Fair Work – failure to comply with compliance notice – application for civil penalties and compensation under s 545(2)(b) of the Fair Work Act 2009 (Cth) – where respondents failed to engage in the proceeding and declarations of contravention made on the basis of their deemed admissions – where first respondent remains registered – where no evidence of contrition or cooperation with regulator – where need for specific and general deterrence – jurisdiction under s 545(2)(b) not engaged where no quantifiable loss causally linked to the contraventions – order for penalties and for the first respondent to take the steps required by the compliance notice pursuant to s 545(2)(d). 

INDUSTRIAL LAW – Practice and Procedure – applicants seeking declarations of contravention of civil remedy provisions of the Fair Work Act 2009 (Cth) – application for default judgment against respondents in circumstances where they failed to comply with Court orders and to appear at hearing – default judgment entered in respect of applicants’ claim – respondents’ defence struck out and cross-claim dismissed – declarations of contravention – compensation awarded for underpayments and loss of entitlements – issue of penalty to be determined on the papers. 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – extension of time – no appearance by or on behalf of the applicant – application dismissed for non-appearance 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 an extension of time – decision made by the Administrative Appeals Tribunal– protection visa – whether the Tribunal acted unreasonably – whether the Tribunal denied the applicant procedural fairness – explanation for delay unsatisfactory – underlying application for judicial review lacks merit – extension of time refused. 

MIGRATION – application for an extension of time – decision made by the Immigration Assessment Authority – protection visa – whether the Authority failed to properly consider the applicant’s claims – whether the Authority should have considered new information – whether the Authority came to an unreasonable conclusion – underlying application for judicial review lacks merit – extension of time refused. 

MIGRATION – Where Tribunal refused to grant the applicant a protection visa – where the applicant contends the Tribunal was unreasonable and/or failed to take into account a relevant consideration by failing to acknowledge deficiencies in the hearing process – where the applicant contends the Tribunal was unreasonable in having regard to evidence before the delegate of which there was no evidence – where the applicant contends the Tribunal failed to make a determination regarding which country was the country of nationality of the applicant under s 5H – whether the Tribunal was unreasonable by not considering claims of harm raised in a country that is not the applicant’s receiving country – no jurisdictional error by the Tribunal – application dismissed. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa – whether the Tribunal failed to consider the evidence given by the applicant – whether the Tribunal failed to consider all of the claims advanced by the applicant – whether the Tribunal denied the applicant procedural fairness – no jurisdictional error – application dismissed.  

MIGRATION – student visa refusal – where Tribunal found no jurisdiction – no jurisdiction due to invalid application – application for extension of time to seek judicial review of Tribunal decision – delay not significant – no specific prejudice to the Minister – limited arguable case of jurisdictional error – application for extension of time refused. 

MIGRATION – application for an extension of time – substantive application seeking judicial review of the decision of the Immigration Assessment Authority – protection visa – delay of 40 days – where new DFAT country information published around 11 months before Authority’s decision – whether Authority bound by Ministerial Direction no. 56 to consider most recent country information – whether unreasonable not to consider new information – whether arguable grounds exist – extension of time granted. 

MIGRATION – Student (Temporary) (Class TU) (subclass 500) – 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 refused.  

MIGRATION – medical treatment 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.

MIGRATION – judicial review – refusal to grant the applicant a Medical Treatment (Visitor) (Class UB) visa – whether the Tribunal failed to consider a claim or an integer of a claim – whether the Tribunal breached s 360 of the Migration Act 1958 (Cth) and/or was legally unreasonable in failing to ask the applicant questions about her relationship with her elderly mother – whether the Tribunal failed to give genuine consideration to the applicant’s representative’s request to ask questions about the applicant’s relationship with her mother – no jurisdictional error – application dismissed.

MIGRATION – Whether Immigration Assessment Authority failed to engage with relevant considerations and to afford natural justice.

MIGRATION – extension of time in which to seek judicial review of a decision of the Administrative Appeals Tribunal not to grant the applicant a Medical Treatment (Visitor) (Class UB) (subclass 602) visa – applicant is a support person of the primary applicant in a related application – length and explanation for delay weigh in favour of the applicant – no jurisdictional error in the Tribunal’s decision not to grant a medical treatment visa to the primary applicant– no utility in granting leave for an extension of time – application dismissed. 

MIGRATION – judicial review – Visitor (Tourist) (subclass 600) visa – whether this Court has jurisdiction to review the Department of Home Affairs decision that an application for a visitor visa was invalid – whether to grant an extension of time to the applicant to bring an application to challenge the Department’s decision that an application for a visitor visa was invalid – delay of five years – extension of time refused in the interests of the administration of justice – application dismissed. 

MIGRATION – Application for an extension of time – decision made by the Administrative Review Tribunal – student visa – where the Tribunal made administrative errors – reasonable explanation for delay – underlying application has limited prospects of success – extension of time refused.  

MIGRATION – application for reinstatement – where judicial review application dismissed following non-attendance by applicant at hearing – whether applicant provided satisfactory explanation for failing to appear at hearing - whether judicial review application has reasonable prospects of success – application dismissed.  

MIGRATION – Application for review of a registrar’s decision – employer nomination visa – whether the registrar erred in dismissing the applicant’s application for judicial review – whether the application for judicial review has reasonable prospects of success – where there was no valid employer nomination before the Administrative Appeals Tribunal – application for review of a registrar’s decision dismissed – orders of the judicial registrar affirmed.

MIGRATION – Application for judicial review of decision made by the Administrative Appeals Tribunal – student visa – whether the Tribunal failed to comply with procedural fairness obligations – whether the Tribunal erroneously relied on the applicant’s enrolment cancellation – application dismissed.   

MIGRATION – Application for review of a registrar’s decision – protection visa – whether the registrar erred in dismissing the application for judicial review – whether the underlying application has reasonable prospects of success – where the Administrative Appeals Tribunal found it did not have jurisdiction – application for review of a registrar’s decision dismissed – orders of the judicial registrar affirmed.   

MIGRATION – Whether conclusions of the Immigration Assessment Authority were unreasonable, irrational and illogical by reason of relying on discrepancies in applicant’s accounts in circumstances where he claimed poor memory. 

PRACTICE AND PROCEDURE – Application made by applicant for recusal on the basis of apprehended bias – application dismissed. 

MIGRATION – Whether findings of Tribunal failed to engage with evidence – whether identified inconsistencies were based on minor and immaterial discrepancies.   

BANKRUPTCY – Application to review a registrar’s decision – review application made out of time – where the applicant is 417 days out of time – application dismissed and bankruptcy notice not set aside.

MIGRATION – student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence – whether the Tribunal breached s 359AA – whether the Tribunal failed to consider relevant material – whether inconsistent findings – no evidence – relevance of PAM guidelines – no jurisdictional error established – application dismissed. 

MIGRATION – Temporary Graduate (class VC) (Post-Study Work) (subclass 485) visa-Tribunal affirmed decision of delegate – Applicant had not met cl 485.212(1)(a) criterion – English test results revoked after date of visa application – Consideration of whether requirements of cl 485.212(1)(a)(i) met at time application made – Whether test undertaken after visa application made of a kind contemplated by cl 485.212(1)(a) – No jurisdictional error established – Application dismissed.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant applicant student visa – criterion for visa that applicant must give evidence of English language proficiency to Minister “if required to do so by the Minister” – Tribunal found criterion not satisfied because applicant did not give evidence – whether Tribunal must require or request specified evidence – whether Tribunal required or requested specified evidence – application dismissed.

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether Tribunal failed to consider a claim or an integer of a claim – procedural fairness – whether Tribunal relied on incorrect information – misunderstanding of Court’s jurisdiction – no jurisdictional error established – application dismissed. 

MIGRATION – Student (Subclass 500) visa refused – False or misleading information in application for visa held in the 12 months before application made – Public interest criteria not met – Circumstances to justify waiver of public interest criteria do not exist – No jurisdictional error established – Application dismissed.  

PRACTICE AND PROCEDURE – Fair Work Act proceeding – application by applicants to appear and give evidence at trial via video-link – where one applicant resides in Italy and the other in Switzerland – where applicants claim hardship – where applicants contend small quantum of claim disproportionate to travel costs and other inconvenience – where applicants seek relief including imposition of civil penalties – where events occurred nearly 7 years ago – where identity of employer disputed and respondent denies connection with applicants – extensive cross-examination expected – discussion of principles relevant to court’s exercise of discretion – application dismissed.  

PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to his judicial review application – 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). 

PRACTICE AND PROCEDURE – application for an extension of time to file a general protections court application under the Fair Work Act 2009 (Cth) – extension of time granted.

HUMAN RIGHTS - practice and procedure – notices to produce – application to set aside – whether issued for legitimate forensic purpose – notices to produce set aside in part. 

MIGRATION – student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal erred by failing to invite the applicants to attend a hearing before it – whether the Tribunal’s invitation letter was invalid because it failed to reference s 359A of the Migration Act 1958 (Cth) or notify the applicants that failing to respond would result in a decision being made – no jurisdictional error established – application dismissed.

MIGRATION LAW – Whether the reasons of the Authority lacked an intelligible basis or failed to disclose a reasoning process which led to its decision – no jurisdictional error established – application dismissed.

MIGRATION – Decision of Administrative Appeals Tribunal to affirm decision to refuse protection visa – whether evidence not considered – whether Tribunal biased – whether credibility findings legally unreasonable – whether findings on minimal country information open to the Tribunal – application dismissed. 

MIGRATION – Regional Sponsored Migration Scheme (subclass 187) visa – no approved nomination – review of Administrative Appeals Tribunal (“Tribunal”) decision – no reasonable prospects of success.   ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that its discretion miscarried when it denied the applicant’s request for an adjournment. 

MIGRATION – Partner (Residence) (Class BC) (Subclass 801) visa – review of a decision of the Administrative Appeals Tribunal – whether the Tribunal properly considered all of the circumstances of the parties’ relationship, including all the matters in r 1.15A(3) of the Migration Regulations 1994 (Cth) – no jurisdictional error established – application dismissed. 

MIGRATION – judicial review of Tribunal’s decision to confirm the decision to dismiss the application to the Tribunal for review of delegate’s decision after the applicants failed to appear at the hearing and failed to apply for reinstatement of the application within the prescribed period – de novo review of Judicial Registrar’s decision ordering summary dismissal on the basis that the applicants have no reasonable prospects of successfully prosecuting their application for judicial review – finding that the applicants have no reasonable prospects of successfully prosecuting their application for judicial review – application dismissed. 

PRACTICE AND PROCEDURE – Recusal application.

MIGRATION – Protection (Class XA) visa – judicial review of a decision of the Administrative Appeals Tribunal – whether failure to consider relevant country information – no jurisdictional error established – application dismissed. 

BANKRUPTCY – writ of possession issued – vacant possession orders made – no appearance by or on behalf of the respondents at hearing.