MIGRATION – Judicial Review – student visa – genuine temporary entrant – broad allegations of procedural unfairness – invitation to impermissibly engage in merits review of delegate’s decision – application dismissed.

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 s 36(a) or (aa) –delegate’s decision affirmed – whether Tribunal’s decision was affected by jurisdictional error –no jurisdictional error found – application dismissed. 

HUMAN RIGHTS - Disability discrimination – whether in terminating an employee’s employment the employer unlawfully discriminated against employee because of a disability the employer imputed to the employee – whether in terminating the employee’s employment to whom the employer imputed a disability the employer failed to make reasonable adjustments for the employee – unlawful discrimination not established. 

INDUSTRIAL LAW – where the second respondent was unco-operative throughout the proceeding – where it was important that all employers appreciate and understand that they are required to comply with provisions of industrial relations legislation – where no contrition was shown for non-compliance with a Compliance Notice – orders for the payment of a pecuniary penalty made accordingly.

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant protection visa –whether Authority erred in declining to exercise power under s 473DC to invite applicant to give new information at interview – whether error of fact by Authority involved jurisdictional error – application dismissed. 

MIGRATION – Protection (Class XA) visa - Application for judicial review – Whether Tribunal failed to consider each integer of the claims - Whether correct legal test applied - Whether Tribunal decision legally unreasonable – Tribunal decision not legally unreasonable - No material jurisdictional error identified - Application dismissed.

MIGRATION – judicial review – extension of time application – whether satisfactory explanation for delay of 9 days in filing application – merits of underlying application – extension of time refused  MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa on basis that applicant did not provide current evidence about whether applicant had criminal history in country of nationality – whether exercise of power by Tribunal to request current evidence was legally unreasonable – whether Tribunal denied applicant procedural fairness. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – applicant absent from Court hearing – dismissal for non-appearance. 

MIGRATION – Administrative Appeals Tribunal - student visa – applicant not having a certificate of enrolment – Tribunal refusing application for adjournment – applicant having had ample time to obtain a certificate of enrolment. 

MIGRATION – application for review of registrar’s decision – registrar dismissed reinstatement of judicial review application – whether in interests of administration of justice to set aside registrar’s decision – hearing de novo of reinstatement application – no reasonable prospects of success – review application dismissed.

 MIGRATION – protection (subclass 866) visa – application seeking constitutional writ of Tribunal decision to affirm Ministers decision – no jurisdictional error – application dismissed.  

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 s 36(a) or (aa) –delegate’s decision affirmed – whether Tribunal made a jurisdictional error in applying s 423A – no jurisdictional error established – application dismissed. 

MIGRATION – Protection (Class XA) visa - Application for judicial review – Whether Tribunal failed to consider each integer of the claims - Whether correct legal test applied - Whether Tribunal decision legally unreasonable – Tribunal decision not legally unreasonable - No material jurisdictional error identified - Application dismissed.

MIGRATION – application for judicial review of delegate’s decision – jurisdiction of Federal Circuit and Family Court in respect of primary decisions – no jurisdiction – application dismissed. 

INDUSTRIAL LAW – COSTS – where respondents filed a strike-out application in respect of the applicant’s pleading – where the respondents filed a Notice of Discontinuance of the strike-out application the day before the hearing date for that application – where the respondents must have appreciated that substantial costs would have been incurred by the applicant in resisting the application – where the respondents must have appreciated that valuable court time had been set aside for the hearing of the application - where there was no sworn evidence before the Court as to why the application had been discontinued – whether the conduct of the respondents was contrary to the purpose of the practice and procedure provisions of the Federal Circuit and Family Court of Australia Act 2021 – where conduct of the respondents found to be unreasonable under the provisions of s. 570(2)(b) of the Fair Work Act 2009 – respondents ordered to pay the applicant’s costs of and incidental to the application on a party/party basis.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – application for an extension of time – where the delay was not significant – where the explanation for the delay was unsatisfactory – where the merits of the substantive application were not strong – whether the applicant was properly notified of the delegate’s decision – application for extension of time dismissed. 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal misconstrued the definition of ‘significant harm’ in s 36(2A) of the Migration Act 1958 (Cth) – whether the Tribunal failed to investigate the applicant’s claims – whether the Tribunal complied with its procedural fairness obligations – whether the Tribunal failed to consider evidence that was before it – no jurisdictional error established – application dismissed. 

MIGRATION – application for judicial review – Student (Temporary) (Class TU) (Subclass 500) visa – where Tribunal affirmed decision not to grant applicant the visa as the applicant did not satisfy cl 500.217 of sch 2 of the Migration Regulations 1994 (Cth) – where applicant did not meet Public Interest Criterion 4020 – whether Tribunal failed to give weight to certain evidence – whether Tribunal denied the applicant procedural fairness – found it not to be the role of the Tribunal to make enquiries or obtain evidence – where information was put to the applicant in accordance with s 359AA of the Migration Act 1958 (Cth) – whether the Tribunal was required to explain the criteria of compelling or compassionate circumstances – found no jurisdictional error on behalf of the Tribunal – application dismissed.

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant medical treatment visa – whether Tribunal’s decision was unreasonable and contrary to the evidence – whether Tribunal erred in referring to or giving weight to the applicant’s immigration history – whether Tribunal afforded the applicant procedural fairness - no jurisdictional error established – application dismissed.     

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant a student visa – whether Tribunal gave disproportionate weight to applicant’s previous partner visa – whether Tribunal failed to take into account relevant matters – whether the Tribunal erred in finding an application for a visa which would entitle a person to reside in Australia permanently is inconsistent with the conduct of a person who intends to reside in Australia temporarily – whether finding was unreasonable because of illogicality or irrationality – whether Tribunal failed to consider or give proper weight - no jurisdictional error established – application dismissed.    

MIGRATION – Student (Subclass 500) visa - Application for judicial review – Non-appearance by applicant - Application dismissed pursuant to r 5.08(c), 5.10(a), 22.04(a)(i).

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal erred by failing to consider relevant material – whether Tribunal misunderstood the applicant’s evidence – whether Tribunal’s credibility finding was illogical or irrational - no jurisdictional error established – application dismissed.      

MIGRATION – judicial review – refusal to grant a Partner (Residence) (Class BS) visa – whether the Tribunal failed to apply the statutory test required by IMMI 12/116 thereby constructively failing to exercise its jurisdiction – whether the applicant’s application included a “non-judicially determined claim of family violence” is a jurisdictional fact that this Court can determine for itself – writ of mandamus issued to Tribunal requiring it to determine the application for review according to law. 

INDUSTRIAL LAW – SMALL CLAIMS  - superannuation claim under the terms of a workplace determination – where the respondent has applied for an order for summary judgment – whether the workplace determination obliges the respondent to make a payment in respect of defined benefits superannuation – whether leave to amend the application should be granted – application for summary judgment made out – amended application filed by the applicant dismissed.  

EVIDENCE – interim proceedings – application to strike out evidence of settlement negotiations – section 131 exceptions – whether evidence of a conversation between representatives involving an alleged threat is covered by s131 – matters to be considered. 

MIGRATION – Application for an extension of time – decision made by the Immigration Assessment Authority –protection visa – whether the Authority failed to apply the statutory tests correctly – whether the Authority denied the applicant procedural fairness – underlying application for judicial review lacks merit – extension of time refused. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicant a student visa – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal made wrong findings on factual issues – no jurisdictional error – application dismissed.   

MIGRATION – Application for judicial review – Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visa. 

MIGRATION – Temporary Business Entry (Skilled) (subclass 457) visa – Where the primary applicant could only meet the mandatory criteria for the grant of a visa if her sponsor’s nomination of an occupation in relation to her was approved – Where her sponsor’s nomination was not approved –Where because the primary applicant was refused the visa a necessary consequence was that other members of her family unit were not granted visas – Application dismissed. 

MIGRATION - Skilled Graduate (Subclass 485) visa - Application to review orders of a Registrar - Practice and Procedure - Extension of time – Change of Rules - Extension of time granted – Summary dismissal – Whether application for judicial review has reasonable prospects of success – Whether applicant denied procedural fairness- No denial of procedural fairness – No jurisdictional error identified – Application for review dismissed - Orders of Registrar affirmed. 

MIGRATION – Partner visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to take into account a relevant consideration – whether the Tribunal failed to determine that the applicant did not meet cll 820.211 and 820.221 in Schedule 2 of the Migration Regulations 1994 (Cth) – no jurisdictional error established – application dismissed. 

MIGRATION – Temporary Graduate (Class VC) (Subclass 485) visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal erred by relying on the evidence provided to it by the applicant’s course provider – whether the Tribunal erred by failing to request the applicant’s final course assignments from the applicant’s course provider – typographical error or misdescription in the Tribunal’s decision – no jurisdictional error established – application dismissed.  

MIGRATION –  where no jurisdictional error was established on the part of the Tribunal – where the Applicant failed to appear at the hearing – application dismissed. 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – judicial review – no appearance by or on behalf of the applicant – 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 in a proceeding – whether leave to be granted for a non-lawyer to appear for a corporation. 

PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to her 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).   

MIGRATION – Application for review of a reinstatement decision made by a Registrar – relevant considerations – where the underlying substantive application has no reasonable prospect of success – orders previously made set aside, with the result that the originating application is dismissed.

MIGRATION – Application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA failed to address all integers of the applicant’s claims, or constructively failed to exercise jurisdiction – application dismissed. 

PRACTICE AND PROCEDURE – Whether procedural rules apply at the time of filing or time of decision and/or should be dispensed with – principle of presumption against retrospectivity – 2021 Rules apply and dispensation not appropriate.

MIGRATION – Partner visa – application for review of a summary dismissal decision made by a Registrar filed 7 days outside of proscribed timeframe – consideration of factors relevant to exercise of the discretion to allow further time for filing – unusual circumstance of recent rule changes – application devoid of merit – application refused with costs. 

MIGRATION – application for judicial review of a decision made by the Immigration Assessment Authority – protection visa – whether the Authority unreasonably failed to exercise its discretion to ‘get’ new information under s 473DC of the Migration Act 1958 (Cth) – whether the Authority considered exercising its discretion under s 473DC of the Act but unreasonably decided against it – application dismissed.

MIGRATION – Application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA relevantly erred in relying upon the applicant’s evidence at an entry interview – whether the IAA failed to consider a claim – writs issued.

MIGRATION – Judicial review – refusal to grant a Partner (Temporary) (Class UK) (Subclass 820) visa – whether the Tribunal failed to give proper, genuine or realistic consideration to the opinions of the friends and acquaintances of the applicant and his visa sponsor about the nature of the relationship as stipulated by r1.15A(3)(c)(ii) of the Migration Regulations 1994 (Cth) – approach to corroborative evidence in cases where the “well is poisoned beyond redemption” – no jurisdictional error – application dismissed. 

MIGRATION – Judicial review – decision of Administrative Review Tribunal refusing to grant protection visa – applicant absent from Court hearing – dismissal for non-appearance. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to approve a nomination of position - requirement for training specified in statutory instrument – statutory instrument specified ‘recent expenditure’ in provision of training – whether ‘recent expenditure’ refers to expenditure in months prior to lodging nomination or in months prior to decision.

STATUTORY CONSTRUCTION – meaning of term ‘recent expenditure’ in statutory instrument  - role of departmental policy in interpreting term in statutory instrument – role of explanatory statement in interpreting term in statutory instrument. 

MIGRATION – judicial review – request by applicant to Tribunal for adjournment of review or additional time to provide further evidence – Tribunal refused request – whether Tribunal’s refusal to exercise procedural discretionary power to adjourn review was legally unreasonable – failure of Tribunal to consider that departmental policy was misleading and applicant relied on misleading departmental policy.

MIGRATION - application for judicial review – student (Temporary) (Class TU) (Subclass 500) visa – where Administrative Appeals Tribunal affirmed decision to cancel the visa under s 116(1)(e)(i) of the Migration Act – whether the Tribunal’s decision was affected by jurisdictional error – found no jurisdictional error on behalf of the Tribunal – application dismissed.

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – extension of time – no appearance by or on behalf of the applicant – 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 – Judicial review – refusal to grant the applicant a Partner (Temporary) (Class UK) visa – whether the Tribunal failed to comply with the requirements of s 359A of the Migration Act 1958 (Cth) in failing to give clear particulars of information – no jurisdictional error – application dismissed.

FAIR WORK – interlocutory application – review of registrar’s decision not to enter default judgment against respondent – review dismissed - respondent sought orders striking out various parts of the statement of claim – respondent sought orders to summarily dismiss one of the claims in the statement of claim – some paragraphs in the statement of claim to be struck out. 

BANKRUPTCY – application to review a registrar’s decision – application dismissed – costs – applicant to pay the respondent’s costs. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicant a student visa – whether the Tribunal failed to have regard to a relevant document – whether the Tribunal unreasonably failed to give the applicant more time to provide evidence – whether the Tribunal unreasonably failed to adjourn the hearing – whether the Tribunal acted unreasonably in exercising its discretion in s 362B(1A)(a) of the Migration Act 1958 (Cth) to make a decision on the review when the applicant failed to appear at the hearing – no jurisdictional error – application dismissed.