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 s36(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 – jurisdictional error not established – application for judicial review dismissed.

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – matter listed for a final hearing – 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 – Protection (class XA) (subclass 866) visa – visa refused – decision of the (then) Administrative Appeals Tribunal to affirm delegate’s decision – application for extension of time – where proposed grounds of review lack merit – no real prospects of success – application for extension of time refused – application dismissed

MIGRATION – student visa – application for review of a summary dismissal decision made by a Registrar filed outside of proscribed timeframe – where application devoid of merit, cannot succeed and is refused with costs.  

MIGRATION – Application for judicial review of decision of the (then) Administrative Appeals Tribunal – where Tribunal made adverse finding about the First Applicant’s immigration history in reliance on her own evidence – whether Tribunal applied incorrect test, took into account an irrelevant consideration and/or was illogical and unreasonable – whether demonstration of apprehended bias – no jurisdictional error established and application dismissed with costs. 

MIGRATION – employer nomination visa – application for review of a summary dismissal decision made by a Registrar – where primary applicant did not have an approved nomination or a sponsor at the relevant times and second applicant has never held any Australian visa – application can not succeed and is dismissed with costs.  

MIGRATION – Judicial Review – Administrative Appeals Tribunal – Protection visa – Malaysia – Whether Tribunal failed to consider claims – Whether Tribunal failed to afford procedural fairness – Whether it is a jurisdictional error for the Tribunal to refer to the Refugee Convention rather than the codified definitions – Weight given to country information – No question of principle – Application dismissed

MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – McKenzie friend – where the Secretary failed to comply with s 473CB of the Migration Act 1958 (Cth) – whether s 473CB breach resulted in the IAA’s failure to accurately understand the contents and import of a document the Secretary had failed to provide – where material superseded and not relevant – unreasonableness – no jurisdictional error established – application dismissed.

MIGRATION – partner visa – decision of the Administrative Appeals Tribunal – matter listed for a final hearing – 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 – Student visa refusal – decision of the Administrative Appeals Tribunal to confirm its dismissal for non-appearance – where applicant says he was not made aware of hearing by reason of his representative – where the Tribunal refused an application for adjournment –where Tribunal found it was not appropriate to reinstate the application – application dismissed

PRACTICE AND PROCEDURE – Third party request for access to documents on the electronic court file – applicable principles and consideration of the interests of the proper administration of justice.  

INDUSTRIAL LAW – FAIR WORK – application for default judgment – where respondents have not filed any response material or otherwise participated in proceedings – consideration of rr 13.04 and 13.05 of the Federal Circuit and Family Court of Australia (Division 2) General Federal Law) Rules 2021 (Cth) – alleged contraventions of ss 45, 323(1) and 325 of the Fair Work Act 2009 (Cth) – contraventions found – application granted.

Whether Court had jurisdiction to hear associated matter – whether tort of detinue or conversion – whether second respondent refused demand to return applicant’s belongings – relief granted.

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

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – matter listed for a final hearing – 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 – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal failed to notify applicant of issue arising in relation to decision under review – application dismissed 

MIGRATION– Judicial review of a decision of the Administrative Appeals Tribunal to not grant a protection visa – findings in relation to the Applicant’s whistleblower status and his Chinese Christian ethnicity – Tribunal accepted some of the Applicant’s claims but did not find risk of harm and/or protection obligations – Applicant seeks merits review – no jurisdictional error identified – application dismissed with costs 

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal failed to consider GTE information submitted by applicant – whether Tribunal failed to consider claims cumulatively - no jurisdictional error established – application dismissed.  

MIGRATION – judicial review – protection visa – claims of domestic violence – whether Tribunal’s credibility findings impugned – inconsistencies, implausibilities and unwarranted assumptions – legal unreasonableness – jurisdictional error established.

MIGRATION – extension of time – student visa – three days out of time – inadequate explanation for delay – no reasonably arguable case for jurisdictional error – application dismissed. 

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– Application for review of registrar’s decision – where registrar summarily dismissed the judicial review application – refusal of student visa on the basis of no evidence of current enrolment as required by cl 500.211(a) – Tribunal not required to consider reason for Applicant not being enrolled – no reasonable prospects of success – application dismissed with costs – registrar’s decision affirmed 

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.

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 

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

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

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

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.