MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – matter listed for a final hearing by video link – applicant offshore – 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 of a decision of the Administrative Appeals Tribunal to not grant a student visa – Tribunal undertook a balancing exercise when assessing the factors in Direction No. 53 – jurisdictional error not established – Applicant seeks impermissible merits review – application dismissed with costs 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal – dismissal for non-appearance – costs ordered.

MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – matter listed for a final hearing by video link– 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 – Employer nomination (Subclass 186) visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to consider if the first applicant met the requirements set out in cl 186.242 in Schedule 2 of the Migration Regulations 1994 (Cth) – whether the applicants ought to be allowed to mount a collateral challenge to the nomination decision – whether the Tribunal was required to invite the applicants to appear at a hearing before it – whether the Tribunal afforded the applicants procedural fairness – remittal futile in any event – Ministerial intervention – no jurisdictional error – 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 satisfy the intention to genuinely stay in Australia temporarily for the Visa pursuant to cl 500.212 – whether Tribunal erred by failing to take into consideration the Applicant’s circumstances –  parties invited to make further written submissions – found jurisdictional error on behalf of the Tribunal – application upheld – remitted to the Tribunal.

BANKRUPTCY – whether an undischarged bankrupt had the relevant legal capacity to commence legal proceedings in respect of an interest in a regulated superannuation fund when any such interest was not property divisible amongst creditors of the bankrupt under s. 116(2)(d)(i) of the Bankruptcy Act – whether the trustee in Bankruptcy had any chose in action vested in him – application for declarations and orders made by trustee granted. 

MIGRATION – Student visa – decision of the then Administrative Review Tribunal – whether the Tribunal failed to consider evidence – whether the Tribunal considered irrelevant factors or failed to have regard to relevant factors – whether the Tribunal “took too long” to conduct its review – applicant’s late request to have time to appoint a solicitor refused – no jurisdictional error – application dismissed.

MIGRATION – Partner (Temporary) (Class UK) (subclass 820) visa – review of a decision of the Administrative Appeals Tribunal – failure to consider evidence – no jurisdictional error established – application dismissed

MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal – where applicant applied for a Temporary Skill Shortage visa on the basis of a proposed nomination by her employer – where the employer withdrew the nomination before it was approved  – where the Tribunal found it had no jurisdiction to review the adverse delegate’s decision – where the applicant’s ground of judicial review challenged the validity of reg 2.75(2)(a) of the Migration Regulations 1994 – where the factual premise for the ground was not established – finding that Tribunal correctly determined that the decision of the delegate was not a Part 5-reviewable decision within the meaning of s 338(2)(d)(i) of the Migration Act 1958 – application dismissed with costs  

MIGRATION – Skilled visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal misunderstood the effect of cl 485.224 in Schedule 2 of the Migration Regulations 1994 (Cth) – whether the applicant was denied procedural fairness – whether the Tribunal failed to consider evidence before it – whether the applicant was given a “meaningful” opportunity to appear before the Tribunal – whether the Tribunal’s decision was affected by bias – whether the conduct of the applicant’s agent amounted to fraud on the Tribunal – whether the Tribunal ought to have considered the applicant’s visa application against both the Graduate Work stream and the Post-Study Work stream – no jurisdictional error – application dismissed.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal – dismissal for non-appearance – costs ordered 

MIGRATION – Regional Sponsored Migration Scheme (Class RN) (Subclass 187) visa – judicial review of a decision of the Administrative Appeals Tribunal – misapplication of Public Interest Criterion 4020(1) – third party fraud – materiality – futility – no jurisdictional error – application dismissed

 MIGRATION – Ex Tempore – Application for the review of a Registrar's decision – Application for review made 26 days out of time – Whether or not leave should be granted to extend the time for the review of the Registrar's decision – leave refused 

MIGRATION – application for protection visa – visa refused by delegate – application for review by Tribunal lodged out of time – where Tribunal found it had no jurisdiction – application for judicial review lodged out of time – extension of time application – not necessary in the interests of the administration of justice to make order extending time – application dismissed

MIGRATION – Student (Temporary) (Class TU) (subclass 500) visa – judicial review of a decision of the Administrative Appeals Tribunal – procedural fairness – adequacy of interpretation – no jurisdictional error established– application dismissed 

MIGRATION – review of Registrar’s decision – where Tribunal dismissed merits review application for non-appearance – no reasonable prospects of success – application dismissed with costs 

PRACTICE AND PROCEDURE – Where proceedings commenced in Sydney Registry and solicitors for the applicant located interstate – late request for appearance by video link – request sent by administrative assistant – where correspondence sent ex parte and containing submissions regarding matters of substance and presuming Court would accede –  proceedings are to be held in person unless otherwise allowed

PRACTICE AND PROCEDURE – application for an extension of time to seek judicial review of the Administrative Appeals Tribunal (Tribunal) decision – extension of time granted

MIGRATION – application for judicial review of a decision of the Tribunal affirming a decision not to grant the applicant a protection visa – whether the Tribunal decision was affected by apprehended bias – jurisdictional error established – writs issued.  

CONSUMER LAW – Consumer protection – where respondent refused to engage in process – default judgment entered – damages assessed 

HUMAN RIGHTS – EVIDENCE – parties jointly seek a determination on the admissibility of material filed in the proceeding as evidence under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) – where the parties seek to rely on documents which are deemed inadmissible under section 37(1) of the Act – determination that the documents are admissible as evidence pursuant to the exception in section 37(2) – finding that section 93(1)(e)(i) applies to the extent that either party seeks to rely on information which would otherwise fall within section 92 of the Act. 

INDUSTRIAL LAW -where applicant made a complaint to a body not involved in employer/employee relationships or workplace health and safety matters – whether there was a workplace right that was exercised – where no workplace right existed – application dismissed – cost order  

MIGRATION -  application for judicial review of a decision of the (then) Immigration Assessment Authority – whether the Authority failed to consider relevant claims or evidence – misinterpreted or misapplied s.473DD and/or s.473DC of the Migration Act 1958 (Cth) in the manner contended – whether the Authority’s decision was attended by legal unreasonableness – where Applicant’s evidence before delegate included an expression of disclaimer – jurisdictional error not established – application dismissed with costs  n

MIGRATION - Safe Haven Enterprise (Class XE) (Subclass 790) visa – Application for judicial review – Whether Immigration Assessment Authority failed to consider a relevant fact – Whether information was new information that met the exceptional circumstances criteria in s 473DD of the Act – Whether well-founded fear of persecution – No jurisdictional error – Application dismissed. 

MIGRATION LAW – whether submissions were ever sent to the Authority on behalf of the applicants – whether there was an explanation for non-receipt by the Authority of the submissions before the Authority handed down its decision – no jurisdictional error established – application dismissed.  

MIGRATION – Protection (subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to consider – 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 

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to assess the applicant’s protection claims – whether the applicant was denied procedural fairness – whether the Tribunal was biased – no jurisdictional error – application dismissed.

MIGRATION - Student (Temporary) (Class TU) visa – Application for review of a Registrar’s decision – Whether reasonable prospects of success – Summarily dismissed pursuant to 13.13(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – Costs ordered. 

MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to consider the applicant’s circumstances – whether the Tribunal was correct to find that the opinion of the Medical Officer of the Commonwealth was correct – no jurisdictional error – application dismissed.

MIGRATION – Migration Act 1958 (Cth) – application for Protection (Class XA) (Subclass 866) visa – Administrative Review Tribunal not satisfied that the applicants were persons to whom Australia has protection obligations as outlined in s 36(a) or (aa) and affirmed Delegate’s decision to refuse the application for the Protection (Class XA) (Subclass 866) visa – application for judicial review – no meaningful ground of jurisdictional error asserted – no jurisdictional error established – application for judicial review 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 had not complied with condition 8202(2) – whether Tribunal erred by failing to take into consideration the Applicant’s circumstances –  parties invited to make further written submissions to address whether applicant had re-enrolled in a course of study after the NOICC – found no jurisdictional error on behalf of the Tribunal – application dismissed.

MIGRATION – Migration Act 1958 (Cth) – application for Protection (Class XA) (Subclass 866) visa – Administrative Review Tribunal not satisfied that the applicant was a person to whom Australia has protection obligations as outlined in s 36(a) or (aa) and affirmed Delegate’s decision to refuse the application for the Protection (Class XA) (Subclass 866) visa – application for judicial review – no meaningful ground of jurisdictional error asserted – application dismissed.

PRACTICE & PROCEDURE – Death of applicant – abatement of proceeding.  

PRACTICE & PROCEDURE – Death of applicant – abatement of proceeding.  

COSTS – Proceeding under the Fair Work Act 2009 (Cth) - quantification of costs entitlement – assessment pursuant to the Federal Circuit and Family Court of Australia (Division 2) general federal law scale of costs 

BANKRUPTCY – application to discharge examination summonses issued on the application of trustee in bankruptcy (Trustee) purportedly pursuant to s 81 of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act) – whether each of the summonses on their face show the books each summons seeks to be produced are documents the trustee is entitled to have produced – whether addressee of one of the summonses has standing to apply to discharge the summonses addressed to other persons – whether bankrupt had been discharged and for that reason examination summonses are not liable to be issued pursuant to s 81 of the Bankruptcy Act – bankrupt has not been discharged and in any event discharge of bankrupt is not a bar to the issue of a summons under s 81 of the Bankruptcy Act - order made discharging part of one of the summonses but application to discharge summonses otherwise dismissed.

BANKRUPTCY – application for an order under s 33A of the Bankruptcy Act that the bankrupt’s statement of affairs be treated as having been filed at a time before it was actually filed – whether bankrupt is a necessary party to an application for an order under s 33A of the Bankruptcy Act – whether evidence of bankrupt in support of application should be accepted – application for an order under s 33A dismissed. 

MIGRATION – application to extend time where application to Court nearly four months out of time – where Tribunal found it had no jurisdiction to entertain review application made out of time and had no discretion to extend time – no arguable jurisdictional error – application to extend time dismissed

FAIR WORK – application in a proceeding seeking summary judgment in respect of various parts of the applicants’ claim – whether the applicants’ statement of claim is misconceived to the extent it alleges contravention of a ‘workplace right’ under s 340(1) of the Fair Work Act 2009 (Cth) – whether the applicants’ claim is misconceived to the extent it seeks protection under s 346 – whether the applicants’ claim there was a contravention of s 350B(1) can be sustained as a matter of law. 

MIGRATION – application for review of decision of Immigration Assessment Authority (IAA) – parties seeking issue of writ of certiorari against IAA where IAA now disestablished – approach where orders sought by consent – decision quashed

MIGRATION – application for review of a decision of the Administrative Appeals Tribunal – protection visa – application dismissed. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal required to consider whether applicant might become businessman and face extortion on return to Iran - whether unarticulated claim emerged, arose or was raised on materials before Tribunal – whether Tribunal’s finding that applicant would not return to Iran as businessman involved assumption that applicant would modify or change behaviour - application dismissed 

MIGRATION LAW – application for judicial review of a decision of the Immigration Assessment Authority to not grant a protection visa – fast track review – claims relating to family’s involvement in Liberation Tigers of Tamil Eelam activities, family being imputed with a pro-LTTE political opinion and harassment by Sri Lankan officials – IAA’s findings were reasonably open to it – application dismissed with costs 

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 delegate failed to take into account relevant considerations – whether the Tribunal failed to apply the correct test for degrading treatment or punishment – no jurisdictional error – application dismissed. 

MIGRATION – Review of a Registrar’s decision to summarily dismiss the application – Application for review filed out of time – Oral application for extension of time - Where applicant applied to Tribunal out of time – Where Tribunal determined that it had no jurisdiction to review the matter – application for extension of time to file review dismissed – Costs to follow the event 

MIGRATION - Application for remedies under s 476 of the Migration Act 1958 (Cth) in relation to the decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision not to grant a protection visa – whether the Tribunal failed to take into account relevant considerations or whether the Tribunal took into account irrelevant considerations – whether the Tribunal acted unreasonably in not accepting the applicant’s claims that he is a homosexual – application dismissed.   

MIGRATION – Judicial Review – Administrative Appeals Tribunal – Protection visa - Malaysia – Whether Tribunal failed to consider claims – Weight given to country information – Tribunal not obliged to uncritically accept claims – No question of principle – Application dismissed  

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicants protection visas – whether the Tribunal denied the applicants procedural fairness – where the applicants consented to the Tribunal making a decision without holding a hearing – where the applicants seek Australia’s compassion to allow them to stay in Australia – no jurisdictional error established – application dismissed. 

MIGRATION – protection (class XA) (subclass 866) 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 for judicial review dismissed with costs