MIGRATION – application for remedies in relation to decisions delegates of the Minister made on 14 November 2024 and 6 May 2025 purportedly pursuant to reg 2.25AB of the Migration Regulations 1994 (Cth) (Regulations) and cl 070.612A(1) of Schedule 2 to the Regulations to impose curfew and monitoring device conditions on the grant of a Class WR Bridging R (Removal Pending) (subclass 070) visa (BVR) – whether the delegates considered each of the prerequisites the delegates were required to consider before the delegates could be satisfied that the curfew and monitoring device conditions could be imposed – whether reg 2.25AB and reg 2.25AE are repugnant to the Migration Act 1958 (Cth) (Act)– whether those regulations are beyond the regulation making power conferred by s 504(1) of the Act – the delegates did not consider and therefore did not reach the requisite state of satisfaction in relation to an essential prerequisite to the granting of the curfew and monitoring device conditions – regulations 2.25AB and 2.25AE are not repugnant to the Act nor their making beyond s 504(1) of the Act – declaratory relief granted.

MIGRATION – temporary protection visa – decision of the Immigration Assessment Authority – whether IAA made irrational finding – whether IAA understood and engaged with applicant’s claim – whether IAA should have invited applicant to interview – unreasonable exercise of s 473DC – jurisdictional error established – writs issued.  

CONSUMER PROTECTION – RECOVERY ACTION FOR MOTOR VEHICLE – Applicant seeks a declaration and orders for recovery of a vehicle under the Personal Property Securities Act 2009 (Cth) in respect of which it loaned moneys to the first respondent– Where the respondents each have not engaged in the proceedings – Finding that the Applicant is entitled to recovery of the vehicle under s.123 of the Personal Property Securities Act 2009 (Cth) – Declarations and orders made for recovery. 

PRACTICE AND PROCEDURE – Omission of declarations and orders from Order made following trial – application of the slip rule to amend Order made following trial – relevant considerations – exercise of power to vary or set aside an Order under the slip rule not restricted to the trial judge. 

PRACTICE AND PROCEDURE – Application for matter to be held in abeyance – interpretation of provisions of the Administrative Review Tribunal Act 2024 (Cth)-  consideration of the interests of administration of justice -application refused.

PRACTICE AND PROCEDURE – Associated jurisdiction – whether Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to make order under s 453S of Corporations Act. 

INDUSTRIAL LAW – Multiple contraventions of Fair Work Act including underpayment and termination of employment for exercising workplace rights – where all but one contravention conceded during course of proceedings, including by post-hearing submissions. 

MIGRATION - Temporary Graduate (class VC) Temporary Graduate (Post-Study Work) (subclass 485) visa– refusal for failure to apply for police check – no real or genuine dispute that resolvable in an applicant’s favour- application for review of Registrar’s summary dismissal– no reasonably arguable error– futility of remittal– application dismissed. 

MIGRATION – application for student visa – whether applicant a genuine applicant for entry and stay as a student – whether applicant intends genuinely to stay in Australia temporarily – applicant wife sought to commence study after husband completed studies in Australia – applicant a dependant on husband’s student visa – husband now a dependant on applicant’s student visa application – where Tribunal affirmed decision under review – claims Tribunal failed to deal with a substantial claim of the applicants about reasons for wife’s study – claims Tribunal erred by failing to ask applicants to expand on their accounts and by imposing improper requirement for documentary evidence – no jurisdictional error demonstrated – 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 properly consider new claims raised at the hearing – whether the Tribunal misinterpreted or gave insufficient weight to documents provided by the applicant – whether the Tribunal failed to afford the applicant a fair hearing – no jurisdictional error – application dismissed.  

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

MIGRATION – Temporary Graduate (Post Study Work Stream) (Subclass 485) visa - Application for judicial review – Whether jurisdictional error – IMMI 15/062-Whether IELTS test result satisfied Ministerial specification – Whether test result provided five months after application considered as accompanying visa application - Application dismissed. 

MIGRATION –  application for extension of time for judicial review of decision of the Administrative Appeals Tribunal – where applicant failed to disclose previous judicial review proceedings – failure to comply with s 486D – whether application incompetent – extension of time refused – application dismissed.    

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa  - whether Tribunal misapplied s 36(2) of the Act - no jurisdictional error established – application dismissed.     

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant Temporary Skills Shortage (Class GK) visas – whether Tribunal erred in finding the applicant did not satisfy cl 482.222(a) – no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visas – whether Tribunal ignored relevant material – whether failure by the Tribunal to disclose the existence of the s 376 certificate was material - no jurisdictional error established – application dismissed. 

MIGRATION – Review of Registrar’s summary dismissal decision – where originating application made out of time – Minister initially opposed extension of time and did not seek expedition of proceedings but later consented to extension and then sought summary dismissal which had effect of expedition – whether position of Minister contradictory – Registrar orders set aside.    

MIGRATION – Protection Visa – refusal – review of Immigration Assessment Authority (“IAA”) decision – no matter of principle. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal considered evidence relevant to the question of whether the requisite relationship existed between the applicant and his sponsor – potential significance of the evidence within the context of the issue in question, the applicant’s claims and the Tribunal’s reasoning – writs issued.

BANKRUPTCY – Whether moneys received “as a result of execution” – Where the County Court made a freezing order restraining the debtor from disposing of real estate –Where the Respondent subsequently obtained judgment in the County Court against the debtor – Where a bank as mortgagee in possession sold the real estate of the debtor and his wife under the terms of the freezing order as amended – Where the Respondent received moneys, namely the surplus proceeds of sale of the real estate after the presentation of a creditor’s petition against the debtor – Whether the Respondent as creditor received moneys “as a result of execution” under s. 118(1)(a)(i) of the Bankruptcy Act 1966 (Cth) and had to pay those monies to the trustee of the estate of the bankrupt – Held respondent did not receive moneys “as a result of execution”.

BANKRUPTCY – “Relation back” principle – Where Respondent received the moneys after “the commencement of the bankruptcy” because of the doctrine of “relation back” – Whether the Respondent had a defeasible title in the moneys or no title at all – Held because of the doctrine of relation back the Respondent had no title to moneys – Where Respondent disposed of the moneys before the date of sequestration by reducing his own debts.

AMENDMENT – Held that any application by the Trustees to recover the moneys was in the nature of an equitable claim in restitution – Where the court refused the Applicant permission to amend the application to include a claim in restitution at trial – Application dismissed.

INDUSTRIAL LAW – Fair Work – failure to comply with compliance notices – application for civil penalties and orders for rectification under s 545(1) of the Fair Work Act 2009 (Cth) – where respondents engaged only briefly in the proceeding and declarations made on the basis of their deemed admissions – where first respondent continues to trade and remains registered – where no evidence of contrition or introspection about the contraventions – where need for specific and general deterrence – jurisdiction under s 545(2)(b) not engaged where no quantifiable loss causally linked to the contraventions – orders for penalties and for a proportion of the penalties to be redirected to the employees identified in the compliance notices.

MIGRATION – student visa – decision of the Administrative Appeals Tribunal – procedural fairness obligations – ss 359(2) and 359A of the Migration Act 1958 (Cth) – whether the Tribunal was required to invite the applicant to a hearing – no jurisdictional error established – application dismissed. 

MIGRATION LAW – 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 – Whether it can be inferred from lack of reference to letters in reasons of Immigration Assessment Authority that the documents were overlooked – whether failure to consider claim squarely raised on materials. 

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.

PRACTICE AND PROCEDURE – application for an extension of time to seek judicial review of a decision of the Administrative Review Tribunal – extension of time granted. 

COSTS – where security for costs application was filed after evidence was not provided supporting an alternative form of security proposed – where disclosure of matters relevant to the adequacy of the alternative occurred after the first hearing date of the security for costs application – where a commercial decision was ultimately taken to accede to the form of security originally sought – order that the applicant in the proceeding pay part of the respondent’s costs associated with the security for costs application. 

CORPORATIONS LAW – application for leave to commence or continue proceedings pursuant to s 471B of the Corporation Act 2001 (Cth) – whether this Court has jurisdiction to grant leave pursuant to s 471B.

INDUSTRIAL LAW – application alleging contravention of general protection provisions in Part 3-1 of the Fair Work Act 2009 (Cth). 

MIGRATION – judicial review of decision of Administrative Appeal Tribunal to affirm decision to refuse protection visa – whether the Tribunal discharged procedural fairness obligations – whether interpreter errors infected credibility findings –materiality – jurisdictional error established. 

PRACTICE AND PROCEDURE- personal costs award against solicitor – r 32.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law Rules) 2025 – referral to legal regulators.

MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – whether the IAA was required to invite the applicant to an interview – whether certain information was required to be disclosed to the applicant – whether applicant was provided with sufficient information to meaningfully respond – no jurisdictional error established – application dismissed. 

MIGRATION – employer nomination (subclass 186) visa – refusal due to no approved nomination – application for review of registrar’s summary dismissal – no reasonably arguable error – futility of remittal – application dismissed. 

MIGRATION – protection visa –application for extension of time to seek judicial review of Administrative Appeals Tribunal (Tribunal) decision – significant delay and insufficient explanation for the delay - limited prejudice to the Minister – limited arguable case of jurisdictional error - application for extension of time refused. 

MIGRATION – whether the Tribunal erred in finding the applicant was not a genuine temporary entrant – where applicant contends that the Tribunal denied him procedural fairness and failed to consider his evidence and submissions – no jurisdictional error – application dismissed. 

INDUSTRIAL LAW –  unlawful termination - whether employer took adverse action in dismissing applicant from employment because she exercised workplace rights, possessed protected attributes and/or was temporarily absent from work  – single decision maker – allegations of serious misconduct related to processing of insurance policies – whether the proscribed matters were a substantial or operative reason for the adverse action taken – reverse onus discharged by employer – application dismissed.  

MIGRATION - application for judicial review – student (Temporary) (Class TU) (Subclass 500) visa – where Administrative Appeals Tribunal affirmed decision not to grant applicant the visa as applicant did not comply with cl 500.212(a) of the Migration Regulations – whether the Tribunal’s decision was affected by jurisdictional error – found no jurisdictional error on behalf of the Tribunal – application dismissed. 

MIGRATION -  application for judicial review – combined Partner (Temporary) (Class UK) (Subclass 820) and Partner (Residence) (Class BS) (Subclass 801) Visa – where Administrative Review Tribunal affirmed decision not to grant applicant the visa as applicant failed to satisfy cl 820.211(2)(d) of the Regulations – whether Tribunal erred by finding that no compelling reasons existed – found no jurisdictional error on behalf of the Tribunal – application dismissed. 

MIGRATION – application for Skilled (Provisional) (Class VC) (Subclass 485) visa – Administrative Appeals Tribunal not satisfied that applicant met cl 485.212(a) of Schedule 2 of the Migration Regulations – delegate’s decision to refuse the grant of the visa affirmed – whether in interests of administration of justice to grant an extension of time application – no substantial merit to grant extension of time found – application dismissed.

MIGRATION – temporary protection (class XD) (subclass 785) visa – review of decision of delegate of the respondent – judicial review – application for extension of time under s 477(2) of the Migration Act 1958 (Cth) (Act) – where delegate found applicant was excluded fast track review applicant under s 5(1) of the Act – where delegate found the applicant provided bogus documents – applicant failed to provide reasonable explanation for providing bogus documents – whether delegate’s decision was illogical, irrational or unreasonable – admissibility of evidence – where evidence directed to questions of fact – evidence not admissible – merits of proposed application weak – not in the interests of justice to extend time – application for extension of time refused. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – Tribunal found applicant gave bogus document in relation to visa application within meaning of PIC 4020(1)  – Tribunal not satisfied there were compassionate or compelling circumstances which justified waiver of PIC 4020 – no point of principle – application dismissed. 

PRACTICE AND PROCEDURE – Application for transfer of proceeding to the Federal Court of Australia – relevant considerations.  
 

MIGRATION – protection (class XA) (subclass 866) visa – review of decision of the former Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed the delegate’s decision refusing the applicant a visa – whether Tribunal’s decision attended by jurisdictional error – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed. 
 

MIGRATION – Where Tribunal found it did not have jurisdiction in circumstances where application was made 1 day out of time. 
 

MIGRATION – whether the Tribunal erred in finding the first named applicant did not intend to genuinely stay in Australia temporarily – whether the Tribunal’s reference to Ministerial Direction No. 69 instead of Ministerial Direction 108 amounts to jurisdictional error – no jurisdictional error on the part of the Tribunal – application dismissed.
 

MIGRATION – Whether the Tribunal had truly considered all of the circumstances before cancelling the visa – Circumstances not fully considered – writs issued.  
 

"CORPORATIONS – Corporate party placed in liquidation – whether s.500(2) of the Corporations Act 2001 (Cth) imposed stay preventing court from delivering reserved judgment.

COURTS AND TRIBUNALS – Associated jurisdiction – nature of Federal Circuit and Family Court of Australia (Division 2)’s associated jurisdiction over matters arising under the Corporations Act 2001 (Cth) –  jurisdictional restriction imposed by s.58AA of the Corporations Act 2001 (Cth).

STATUTORY INTERPRETATION – generalia specialibus non derogant. "
 

MIGRATION – Review of decision of registrar dismissing application to reinstate judicial review proceeding – judicial review proceeding dismissed due to non-appearance of applicant at callover – whether applicant provided satisfactory explanation for non-appearance at callover – prospects of success of underlying judicial review proceeding  PRACTICE AND PROCEDURE – Observations concerning abuse of process and consequences for applicant 
 

MIGRATION – Whether the Tribunal erred in finding that the applicant did not satisfy the requirements of PIC 4020 under cl 500.217 of the Regulations – where the applicant contends that PIC 4020 should not apply to him because he did not intentionally provide a bogus document as it was altered by someone else without his knowledge – where there was no jurisdictional error made by the Tribunal in finding the document was bogus in accordance with s 5(1) – application dismissed 
 

MIGRATION – Whether the Tribunal erred in finding that the applicant was not a genuine temporary entrant under cl 500.212 – where the applicant contends the Tribunal failed to consider evidence –  no jurisdictional error by the Tribunal – application dismissed 
 

MIGRATION – Whether the Tribunal erred in finding that the applicant was not a genuine temporary entrant under cl 500.212 – where the Tribunal did not comply with a request for written reasons within the prescribed period under s 368D(4)(b) and this does not disclose jurisdictional error under s 368D(7)(b) – where the applicant contends the Tribunal did not afford him procedural fairness – where there is no jurisdictional error by the Tribunal – application dismissed