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). 

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

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 – 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 – 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 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. 

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.  

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.   

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.  

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.

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 – 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 – 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.  

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.

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.  

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.

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. 

BANKRUPTCY – application for review of a sequestration order made by a Registrar – whether s 78B(1) of the Judiciary Act 1903 (Cth) applied to prevent the hearing of the application – s 78B(1) did not apply because the constitutional matter sought to be raised by debtor lacked substance and in any event there were matters that were severable from the asserted constitutional matter the debtor sought to raise – whether hearing of application for review should be adjourned - application for an adjournment refused because there would be no utility in granting the adjournment – whether the debtor is able to pay her debts – not satisfied debtor able to pay her debts – no other reasons why sequestration order ought not be made – application for review dismissed and sequestration order affirmed. 

HUMAN RIGHTS  - disability discrimination – hearing of issues remitted by Full Federal Court – whether on the evidence that was admitted at the initial hearing and the new evidence that was admitted pursuant to leave to reopen that was granted after the matter was remitted the applicant has established on the balance of probabilities that the respondent dismissed the applicant from her employment because of her disability – applicant unable to discharge that burden – application dismissed. 

INDUSTRIAL LAW– FAIR WORK - where a compliance notice was issued to the respondents on 2 December 2022 – where the first respondent disputes the inspector’s reasonable belief under s 716(1) of the Fair Work Act 2009 (Cth) - there was no appearance of the second respondent – where the respondents dispute the underlying contravention and the qualifications of the employee – where no application under s 717 was made – where the respondents’ liability is established – declarations that the respondents contravened s 716(5) made – matter listed for a penalty hearing and procedural directions made. 

INDUSTRIAL LAW – FAIR WORK – whether the Hospitality Industry General Award 2020 applied – whether there was an agreement between the parties for the applicant to take annual leave – whether the applicant took annual leave during his employment – whether the applicant had a period of untaken annual leave when the employment ended – whether the second respondent is involved in the first respondent’s admitted contraventions of ss 535 and 536 of the Fair Work Act 2009 (Cth). 

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

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. 

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. 

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. 

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 – 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 – Whether the Tribunal failed to make its decision having regard to the best interests of a child being a primary consideration in its decision-making process – where Tribunal duly carried out its decision-making function – where no jurisdictional error established – application dismissed. 

MIGRATION – Protection visa – Application for extension of time - Whether the Court has jurisdiction to entertain an application for judicial review under s 476 of the Act in relation to a notification letter - Whether the nomination letter complied with s 66(2)(d)(ii) of the Migration Act 1958 (Cth) - Whether an extension of time should be granted – Application dismissed.