MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence that was before it – limitations of the Court’s role on judicial review – application dismissed. 

MIGRATION – application for judicial review of decision made by Administrative Appeals Tribunal – protection visa – whether the Tribunal should consider a claim that was not properly articulated – jurisdictional error established.

MIGRATION – Application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA applied the incorrect legal test in determining the applicant’s claims against the complementary protection criterion – application dismissed. 

MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – whether the Tribunal considered evidence that was of central relevance to its decision – writs issued. 

INDUSTRIAL LAW – Practice and procedure – respondent company in administration – administrators do not consent to the matter proceeding – orders made providing for dismissal of the application if specified steps are not taken by a certain date

FAIR WORK – contravention of Fair Work Act 2009 – failure to comply with compliance notice – failure to comply with court orders - unpaid employee entitlements – pecuniary penalties – need for urgent law reform – need for jurisdiction under Corporations Act – need for provision for disqualification from managing corporate entities.  

MIGRATION – Application for judicial review – decision of Administrative Appeals Tribunal – Partner visa – whether applicants given access to written material before the Tribunal – application of Australian Privacy Principle 6 – whether Tribunal misconstrued and misapplied provision concerning family violence exception to Partner visa criteria – where Tribunal did not wish to go behind the findings of the Magistrate – whether reasonable apprehension of bias – whether jurisdictional error – writs issued  

FAMILY LAW – Parenting – Where parents have highly conflictual relationship – Father’s ability to cooperate with Mother considered ‘problematic’ – Father highly critical of Mother’s parenting – Allegations of family violence – Where Father minimised family violence on affidavit and in the witness box – Aspects of family violence characterised by Father as not inappropriate in his culture – Child experts concerned about children’s involvement in and absorption of parental conflict – Orders made to reduce contact between parents – Orders made for spend time arrangements in relation to important religious and cultural events.

PROPERTY – De facto relationship – Limited assets available for division – Where Father alleges Mother has retained or dissipated matrimonial funds by investing in shares – Finding that Mother was “scammed” and lost the funds invested – Where Father obtained significant funds from his parents during the relationship and did not inform the Mother – Where Father paid same funds plus large sum claimed to be “interest” back to parents around the time of separation – Insufficient evidence to substantiate Father’s assertion that the funds were a “loan” – Funds added back to asset pool

MIGRATION - applicant did not attend the digital hearing - appropriate matter in which to exercise the Court's powers to dismiss the application under r 13.6(1)(c) of the rules.  

BANKRUPTCY – application for review of exercise of power by registrar making sequestration order – whether Court satisfied with proof of matters in s 52(1) – requirements for making sequestration order satisfied   PRACTICE AND PROCEDURE – whether to extend interim non-publication order  PRACTICE AND PROCEDURE – consideration of whether to refer party to lawyer for legal assistance by issuing referral certificate 

MIGRATION – application for judicial review of decision made by Administrative Appeals Tribunal – student visa – whether the Tribunal missed or failed to consider a relevant consideration – no jurisdiction error established – application dismissed.

MIGRATION – Application for a Student (Temporary) (Class TU) visa – Review of the Administrative Appeals Tribunal (“Tribunal”) decision – Allegation that the Tribunal’s decision was affected by jurisdictional error – Where the applicant alleges procedural unfairness as a consequence of the reconstitution of the Tribunal – Where s 19A of the Administrative Appeals Tribunal Act 1975 (Cth) enables the Tribunal to be reconstituted – Where the applicant alleges that without a written transcript of the first Tribunal hearing the reconstituted Tribunal Member could not make findings about the applicant’s credibility – Where the applicant alleges “apparent” bias on the part of the Tribunal Member – Where bias on behalf of the Tribunal Member was not made out – Where the applicant was found not to be a genuine temporary entrant – Where the applicant alleges that the Member did not give proper consideration to documentary evidence – Where the applicant did not avail himself of opportunities to provide further documentary evidence to the Tribunal – Application dismissed 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – where the applicant fears harm on the basis of his involvement with an opposition party – where the Minister concedes Tribunal misconstrued evidence – whether error was material – anatomy of decision-making considered – realistic possibility of different outcome – jurisdictional error established – writs issued 

MIGRATION – judicial review – decision of the Administrative Appeals Tribunal to refuse student visa –where the summary dismissal by a registrar was set aside on the basis of the applicant having a sufficiently arguable case – whether the applicant meets genuine temporary entrant criterion – whether the Tribunal erred – whether error met threshold of materiality – whether there is a realistic possibility of different outcome – application dismissed 

MIGRATION – student (subclass 500) visa – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – judicial review – genuine temporary entrant criterion – whether Tribunal’s decision legally unreasonable – whether Tribunal’s decision affected by reasonable apprehension of bias – whether Tribunal gave genuine and active intellectual consideration to the applicant’s evidence – Tribunal’s decision attended by jurisdictional error – writ of certiorari issued – writ of mandamus issued

MIGRATION – Non-appearance of the applicant at the final hearing – Where the applicant was properly informed of the hearing – 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 – protection (class XA) (subclass 866) visa – review of decision of the (then) Administrative Appeals Tribunal – judicial review – whether Tribunal denied the applicants procedural fairness by refusing an adjournment application – whether Tribunal decision was illogical or unreasonable – whether Tribunal failed to consider relevant material – whether Tribunal decision was affected by apprehended bias – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

PRACTICE AND PROCEDURE – application to vacate final hearing to permit proceeding to be consolidated or joined with proceeding not yet commenced – lengthy delay by applicant in relation to proceeding not yet commenced - whether applicant has provided satisfactory explanation concerning delay – consideration of principles concerning consolidation or joinder of proceedings – whether issues of fact and law common to both proceedings -  whether real risk of inconsistent findings being made on contested questions of fact common to both proceedings – prejudice to respondent arising from deterioration in memory and recollection of witnesses if hearing vacated – consideration of efficient disposal of Court’s caseload - application dismissed 

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant protection visa – applicant provided new information to Authority - whether Authority erred in deciding that it must not consider new information  COSTS – whether court should make order for costs against lawyer 

MIGRATION – judicial review – decision of delegate refusing to grant visa – applicant absent from Court hearing – dismissal for non-appearance 

MIGRATION – student visa – judicial review – where applicant consented to the Tribunal deciding the application for review without conducting a hearing – whether Tribunal’s invitation to applicant to provide information was liable to mislead the applicant into believing that all information had to be in writing – invitation not likely to mislead applicant – genuine temporary entrant criterion – application dismissed

MIGRATION– Application for reinstatement of application for review of registrar’s decision – orders made dismissing proceedings for non-appearance at hearing – application for review requires extension of time of 12 days – Registrar summarily dismissed the application for judicial review – Tribunal refused to grant Temporary Graduate (Post-Study Work) (subclass 485) visa – study requirement pursuant to cl 485.231(3) not satisfied – reasons for nonappearance, delay and merits of substantive application do not warrant reinstatement – application dismissed with costs 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – 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 – Safe Haven Enterprise visa – whether denial of procedural fairness because of failure to consider new claims and evidence – whether claims concerning mental health overlooked in making complementary protection assessment – whether failure to consider relevant material – whether report concerning mental health symptoms ignored – whether disbelief of claim concerning applicant’s wife’s sister being a Liberation Tigers of Tamil Eelam cadre was unreasonable – whether failure to enquire concerning undisclosed claims – whether conclusions on various claims illogical – claims concerning release from jail, protection of another person’s identity, political affiliations and mental anxiety – whether illogical and incorrect conclusion concerning rival political group’s interest in and activities concerning applicant – whether irrelevant considerations taken into account and illogical conclusion reached concerning applicant’s claimed political views – whether conclusions based on non-existent facts concerning applicant’s links with Liberation Tigers of Tamil Eelam, release from jail and adequacy of mental health services in Sri Lanka – whether jurisdictional error  EVIDENCE – Where further affidavit containing new evidence – admission of fresh evidence in judicial review proceedings – where purpose is to have the Court remake existing findings of fact by an administrative decision  maker – whether evidence admissible. 

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – whether the Tribunal failed to consider claims or evidence – whether Tribunal’s decision was biased – whether applicant was denied procedural fairness – no jurisdictional error established – application dismissed. 

MIGRATION – application for habeas corpus – application for summary dismissal – application to amend the application for habeas corpus – whether habeas corpus only applies where physical detention or restriction on freedom of movement – whether habeas corpus applies to restrictions on other freedoms – the applicant’s proposed amendments arguable – summary dismissal application dismissed 

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant protection visa – distinction between stages of Authority assessing under s 473DD whether new information could be considered and, where new information could be considered, determining whether new information should be accepted as true or correct - application dismissed  

MIGRATION LAW – application for judicial review of a decision of the Administrative Appeals Tribunal to not grant a student visa – no error in the Tribunal’s consideration of the genuine temporary entrant criterion –  application dismissed with costs  

MIGRATION – Review of delegate’s decision – refusal to waive condition 8503 (no further stay) – whether the delegate failed to understand and address the applicant’s claims – whether the delegate failed to apply the correct legal test – no jurisdictional error established – application dismissed. 

MIGRATION – Regional Employer Nomination (Permanent) (subclass 187) visa – judicial review of a decision of the Administrative Appeals Tribunal – procedural fairness – issues arising in relation to the decision under review – no jurisdictional error established – application dismissed 

BANKRUPTCY - application seeking the setting aside or review of decisions relating to extensions of time for compliance with bankruptcy notices – where events have overtaken the proceeding, including presentation of a debtor’s petition – orders relating to one of the bankruptcy notices set aside – question of costs

MIGRATION – decision of the Immigration Assessment Authority – consideration of s 473DD of the Migration Act 1958 (Cth) – whether the IAA reached a concluded state of satisfaction in respect of s 473DD(b)(i) – materiality – no jurisdictional error established – application dismissed. 

MIGRATION – where applicant provided “bogus document” as evidence of his identity – whether applicant had reasonable explanation for providing the bogus document – whether Tribunal erred in failing to consider merits of matter where satisfied s 91WA of the Act prevented grant of the protection visa sought 

MIGRATION – application for judicial review – decision of the AAT to not grant Protection (Subclass 866) Visa – whether the Tribunal failed to consider claims and evidence– whether there was a denial of procedural fairness– findings were open to the Tribunal – merits-based arguments made - no jurisdictional error established – application dismissed 

ADMINISTRATIVE LAW – Review of decision to refuse to grant Australian citizenship – Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether delegate misconstrued or misapplied relevant legislation when determining whether applicant was born to a former Australian citizen who ceased to be an Australian citizen pursuant to the operation of s 17 of the Australian Citizenship Act 1948 (Cth) – whether delegate failed to consider legal submissions – whether delegate’s incorrect reference to applicable legislation amounts to error – no error established – application dismissed.

MIGRATION – Subclass 866 (Protection) visa – visa cancellation under s 109 – where the Tribunal found the applicant gave false information – where the Tribunal found the applicant should have provided both names that he is known by – whether the decision-maker made a finding based on an irrational or illogical reasoning process 

BANKRUPTCY – Application made by Trustee of the bankrupt estate seeking possession of land and other orders - Where no statement of affairs filed by the Bankrupt – Refusal to deliver possession of land – Mandatory injunctions. 

MIGRATION – Protection (subclass 866) visas – Administrative Review Tribunal – four grounds of judicial review – whether the Tribunal failed to afford the applicant’s procedural fairness – whether the Tribunal erred in applying country information – whether the Tribunal erred in making the findings without supporting evidence – whether the Tribunal failed to provide the applicant’s opportunity to make further submission in regard to their claims – no grounds of judicial review have merit –Application dismissed 

MIGRATION - Cancellation of Subclass 866 Protection Visa – Application for judicial review – Whether an extension of time to commence an application should be granted – Extension granted – Whether there was a material jurisdictional error by Tribunal – Whether the findings of the Tribunal were factually incorrect – Whether there was jurisdictional error in the exercise of discretion - Application dismissed. 

PRACTICE & PROCEDURE – Pleadings – late application for leave to amend – amendment sought before evidence filed. 

CONSUMER LAW – matter arising under the Personal Property Securities Act 2009 (Cth) – application for orders sanctioning seizure and recovery of vehicle pursuant to security agreement – where respondents have defaulted – security interest registered under the PPSA – Declaration that applicant is entitled to take possession of the vehicle – Orders made for the applicant to recover vehicle if not delivered by the respondents 

BANKRUPTCY – Trustee’s application for security for costs – undischarged bankrupt residing overseas seeking annulment – no evidence Bankrupt could pay an order for costs – no identifiable sources of funds available to the Bankrupt in Australia – exercise of discretion warranted 

CONSUMER LAW – Personal property securities - application by a secured party to a security agreement within the meaning of s 10 of the Personal Properties Securities Act 2009 (Cth) (PPS Act) against a person (third person) who is not a party to the security agreement for an order of possession of a vehicle that is the subject of a security interest created by the security agreement – whether s 123(1) of the PPS Act is a source of power for making an order for possession against the third person – s 123(1) not a source of power – whether the Federal Circuit and Family Court of Australia (Division 2) (Court) otherwise has jurisdiction to make an order requiring the third person to deliver the vehicle to the secured party – as a court of law and equity and also pursuant to s 93 of the Civil Procedure Act 2005 (NSW) (CP Act) (as picked up by s 79 of the Judiciary Act 1903 (Cth)) the Court has jurisdiction to order possession on an action for detinue or to make an equitable order for specific delivery of the vehicle if the requirements for the making of such orders are otherwise established – whether the remedy provided by s 93 of the CP Act is inadequate in the circumstances of this case – such remedy is inadequate – order made in the exercise of the Court’s equitable jurisdiction requiring the third party to deliver the vehicle to the secured party.

INDUSTRIAL LAW – Fair Work – general protections – where applicant alleges that adverse action was taken by respondent in response to his exercise of workplace rights – where respondent’s case is that the applicant was dismissed due to serious misconduct relating to a leak of confidential information and failure to participate in meetings and a medical examination – where respondent led evidence from person held out as sole decision maker – where evidence of decision maker unreliable – where process adopted by respondent procedurally and substantively flawed – where respondent failed to produce documents related to the investigation of the alleged leak of confidential information – finding that respondent failed to discharge reverse onus under s 361(1) of the Fair Work Act 2009 (Cth) – contravention of s 340(1) of the Fair Work Act established  

INDUSTRIAL LAW – Fair Work – applicant disputes classification under the relevant awards – where applicant alleges that his incorrect classification resulted in underpayments throughout his employment – consideration of the Clerks - Private Sector Awards 2010 and 2020 – finding that applicant was incorrectly classified during period of permanent employment and thus underpaid       

MIGRATION – habeas corpus – costs – respondents capitulating by giving the applicant a bridging visa part way through trial – whether indemnity costs appropriate – whether costs in this proceeding should be set-off against costs in earlier proceedings

MIGRATION – partner (temporary) (class UK) and partner (temporary) (class BS) visa – decision of the (then) Administrative Appeals Tribunal – no appearance by or on behalf of the applicant – oral application to dismiss pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – application dismissed with costs

FAMILY LAW – Parenting – one child, aged two – where the child has lived with the mother and spent very limited time with the father since separation – where the father has a history of family violence stemming from his volatile, aggressive and dysregulated behaviour – where the father has a long history of mental health issues – where the father chose to cease his supervised visits with the child in January 2022 – where the mother and ICL seek a “no time and no communication” order – where the father seeks that the child live with him and spend regular time with the mother – where the father would rather spend no time with the child than accept any order for supervision – where the Court must determine whether or not the father poses an unacceptable risk of harm for the child – best interests.

FAMILY LAW – Property – where the parties agree that the combined net assets come in at under $1M – where the Court must consider the contributions and the allowance (if any) for future needs – where the wife seeks an 80% - 20% division – where the husband seeks an approximately equal division – just and equitable. 
 

MIGRATION – application for extension of time – judicial review – protection visa refusal – Tribunal dismissal for non-appearance – s 426A(1A) Migration Act 1958 (Cth) – failure to engage with discretion to decide on papers or adjourn – lengthy delay – inadequate explanation – whether arguable case of jurisdictional error – extension refused 

MIGRATION – student visa – refusal to grant Student (Subclass 500) visa – whether Tribunal erred in applying Genuine Temporary Entrant criterion – whether Tribunal failed to consider inability to obtain Confirmation of Enrolment – whether Tribunal failed to afford procedural fairness – no jurisdictional error – application dismissed