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.  

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

MIGRATION – application for judicial review – refusal of Student (Temporary) (class TU) Student (subclass 500) visa – applicant not enrolled in a course of study – whether Tribunal failed to consider claims – whether Tribunal did not afford the applicant procedural fairness –  failure of Department to provide the Tribunal with the CoE – no jurisdictional error – application dismissed. 

MIGRATION – Application for judicial review – decision of the Administrative Appeals Tribunal affirming decision not to grant Protection (subclass 866) visa – whether Tribunal failed to consider integer of claim – no jurisdictional error established – application dismissed. 

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – finding by Tribunal that applicant did not intend genuinely to stay in Australia temporarily – no point of principle – application dismissed. 

MIGRATION – Whether Tribunal erred by misconstruing the term “reasonably practicable” for the purposes of reg 1.04(2)(c)(i)(B) of the Migration Regulations 1994 (Cth). 

BANKRUPTCY – application for extension of time within which to review decision of the Registrar – no reasonable excuse – no arguable case for the substantial relief sought – application refused. 

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 Protection (Class XA) (Subclass 866) visa – Administrative Review 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 to refuse the grant of the visa affirmed – whether Tribunal failed to take into account relevant considerations – no jurisdictional error established – application dismissed.

MIGRATION – Application for a Student (Temporary) (Class TU) visa – Review of Administrative Appeals Tribunal (“Tribunal”) decision – Allegation that the Tribunal’s decision was affected by jurisdictional error – Where the applicant alleges that the Tribunal did not afford him procedural fairness – Where the applicant was found not to be a genuine temporary entrant – Application dismissed. 

MIGRATION – Application for Student (Temporary) (Class TU) visa – Review of Administrative Appeals Tribunal (“Tribunal”) decision – Allegation that the Tribunal’s decision was affected by jurisdictional error – Where the Tribunal was required to consider a substantial, clearly articulated claim – Whether the Tribunal had sufficient regard to relevant clauses contained in Ministerial Direction 69 – Whether the phrase “no adverse finding” amounts to a finding – Where jurisdictional error on the part of the Tribunal is established. 

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 misconstrued provisions of the Migration Act 1958 (Cth) – whether the Tribunal failed to consider a claim or integer of a claim – whether the Tribunal made an unreasonable decision – no jurisdictional error – 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)(a) or cl 820.211 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 - Safe Haven Enterprise Subclass 760 protection visa – Application for urgent injunctive relief to restrain Minister from removing unlawful non-citizen - Whether serious question to be tried or a prima facie case – Whether balance of convenience favours grant of interlocutory application - Application dismissed. 

INDUSTRIAL LAW – Admission as to liability – assessment of pecuniary penalties – extraordinary circumstances. 

MIGRATION – where the Tribunal affirmed a decision of a delegate of the First Respondent to cancel the applicant’s (Subclass 500) Student visa – where the Tribunal does not expressly refer to Department’s Procedures Advice Manual Guidelines — Procedural Instruction General visa cancellation powers – where the Court accepts the Tribunal considered the guidelines in its assessment – where the Tribunal failed to consider Australia’s international obligation under the Convention on the Rights of the Child – application allowed.

MIGRATION – application for Protection (Class XA) (Subclass 866) visa – Administrative Review 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 to refuse the grant of the visa affirmed – whether Tribunal failed to take into account relevant considerations – no jurisdictional error established – application dismissed.

MIGRATION – judicial review – protection visa –application to Administrative Appeals Tribunal – procedural fairness – fraud – where migration agent engaged in fraud in lodging visa application – where migration agent did not inform applicant of invitation to attend Tribunal hearing – applications dismissed for non-appearance - whether third-party fraud stultified the decision making of the Tribunal – whether Tribunal constructively failed to exercise statutory duty because of fraud – whether the applicant was recklessly indifferent as to the fraud – writs issued.

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 to refuse the grant of the visa affirmed – whether Tribunal failed to take into account relevant considerations – no jurisdictional error established – application dismissed.

 MIGRATION – medical treatment visa – application for extension of time to seek judicial review of the Tribunal decision – minimal delay – explanation for the delay – no prejudice to the Minister – no arguable case of jurisdictional error - application for extension of time refused. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal required to put to applicant for comment country information on which Tribunal relied – whether denial of procedural fairness – application dismissed. 

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.  

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. 

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.

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. 

MIGRATION – student visa – decision of the Administrative Appeals Tribunal – consideration of PIC 4020 – whether Tribunal erred in referring to its finding on PIC 4020(1) or the circumstances underpinning its conclusion in that regard in making a finding on PIC 4020(4) – no jurisdictional error established – 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. 

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. 

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. 

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 - 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 – Judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether the Tribunal was unreasonable, illogical or irrational in determining applicant’s application under s 426A(1A)(a) - without considering alternative powers to dismiss application in s 426A(1A)(b) - no jurisdictional error established – application dismissed.  

PRACTICE AND PROCEDURE – Pleadings – application to file amended statement of claim – application to join additional respondents. 

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 - Fair Work Act -Adverse Action claim - Application for an extension of time to commence proceeding – Self-represented litigant - Application not opposed - Extension of time granted. 

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. 

INDUSTRIAL LAW – alleged underpayments – finding that the applicant was underpaid certain entitlements – identity of employer – finding of accessorial liability – penalties to be determined.

INDUSTRIAL LAW – PRACTICE AND PROCEDURE – application to strike out evidence of communications and documents made or prepared in connection with an attempt to negotiate a settlement of the dispute – whether any exceptions apply – whether the evidence and documents are admissible – application allowed – orders made striking the material out – orders made prohibiting inspection of the evidence and documents by any non-party.

INDUSTRIAL LAW – PRACTICE AND PROCEDURE – application for security for costs – application of s 570 of the Fair Work Act 2009 (Cth) -  whether the applicant’s unreasonable act or omission caused the other party to incur the costs – where the applicant is self-represented – application dismissed

MIGRATION – Partner (Temporary) (Class UK) (Subclass 820) visa - Application for judicial review – Whether Tribunal made jurisdictional error in dismissing review application after non-appearance - Whether applicant consented to waive hearing appearance - Application dismissed. 

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa - where Tribunal exercised discretion to proceed in the applicant’s absence under s 426(1A)(a) and not under s 426(1A)(b) - 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 – 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.

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 – 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. 

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 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.