MIGRATION – judicial review of decision of Administrative Appeals Tribunal – refusal of adjournment application relying on inadequate medical certificate - dismissal for non-appearance at court hearing – costs ordered 

PRACTICE AND PROCEDURE – Third party request for access to documents on the electronic court file – where matter very recently commenced – where respondents not known to be served or aware of the proceeding – applicable principles and consideration of the interests of justice.  

MIGRATION - application for judicial review – student (Temporary) (Class TU) (Subclass 573) visa – where Administrative Appeals Tribunal affirmed decision not to grant applicant the visa as applicant did not comply with condition 8202(2)(a) – whether Tribunal erred by failing to provide genuine consideration to applicant’s personal circumstances – found no jurisdictional error on behalf of the Tribunal – application dismissed.

PRACTICE AND PROCEDURE – application pursuant to r 17.05(2)(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) seeking reinstatement of a judicial review application – where the applicant’s application for judicial review was dismissed for non-appearance at a callover – application for reinstatement dismissed. 

MIGRATION – Student visa cancellation – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to consider relevant information or otherwise failed to afford that information proper weight – whether the Tribunal considered irrelevant information – whether the Tribunal erred by apportioning weight to the factors considered – no jurisdictional error – application dismissed.   

 INDUSTRIAL LAW – application to strike out – where statement of claim does not follow Federal Court Rules in format – where statement of claim does not disclose a cause of action – where the Court not satisfied that the applicant can successfully prosecute his claim – statement of claim struck out – application summarily dismissed.  

MIGRATION LAW – decision of the Immigration Assessment Authority to not grant a protection visa – claims related to imputed support for the Liberation Tigers of Tamil Eelam – profile of the Applicant – no error in relation to IAA’s consideration of relevant or new information – no logical probative ground for finding Applicant would have no imputed or suspected support of the LTTE based on the IAA’s other findings – error not material – application dismissed with costs 

MIGRATION – Persecution – Review of Immigration Assessment Authority (“IAA”) decision – visa – protection visa – refusal.  ADMINISTRATIVE LAW – Allegation that the IAA’s decision was affected by jurisdictional error.  

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal erred in finding inconsistency and embellishment in applicant’s evidence - whether Tribunal failed to assess significance and weight of inconsistency – whether Tribunal misunderstood or failed to consider applicant’s explanation for inconsistency - application dismissed 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal misconstrued s 36(2A) – whether the Tribunal had jurisdiction – “reasonable satisfaction” – whether failure to consider the applicant’s claims – whether the Tribunal failed to comply with s 424A – no jurisdictional error established – application dismissed.

MIGRATION – Judicial review application – decision of Immigration Assessment Authority – citizens of Sri Lanka – ethnic Tamils – whether failure to obtain, supply and have regard to relevant material – whether material provided by the referred applicant to the person making the decision before the decision was made – whether any other material that is in the Secretary’s possession or control and is considered by the Secretary to be relevant to the review – whether failure to consider all integers of claims made – claim of inability to subsist – claim of extortion – whether failure to have regard to evidence – whether unreasonableness – whether jurisdictional error  WORDS AND PHRASES - “to the person making the decision” – “engaging with the applicant and the application” – “material that is in the Secretary’s possession or control”

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal had a proper basis to make adverse credibility findings – whether failure to consider relevant material – unreasonableness – whether denial of procedural fairness – whether the Tribunal misapplied ss 5J and 36(2)(aa) of the Act – no jurisdictional error established – application dismissed.

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

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing student visa – whether Tribunal failed to give procedural fairness to the applicant – whether Tribunal erred in determining applicant was not a genuine temporary entrant under cl 500.212 of the Migration Regulations 1994 (Cth) – consideration of typographical error – no jurisdictional error established – application dismissed. 

MIGRATION – student visa – decision of the Administrative Appeals Tribunal – genuine temporary entrant criterion – consideration of Direction 69 factors – no formally articulated grounds of review – where self-represented applicant accepts no error at the hearing – no jurisdictional error established – application dismissed

MIGRATION LAW – judicial review of decisions of the Administrative Review Tribunal to not grant Child (Migrant) (Class AH) visas – sponsor and five visa applicants – assessment of the sponsor and applicant’s evidence – Tribunal relied on unwarranted assumption – assumption was material to decision – Tribunal misapplied regulation 1.14(b) – application allowed  

MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal was correct when determining that it had no jurisdiction – whether the Tribunal ought to have reinstated the applicant’s review application – whether the Tribunal was required to invite the applicant to attend a hearing before it – whether the Tribunal’s decision was illogical, irrational or unreasonable – no jurisdictional error – explanation regarding Ministerial intervention – application dismissed.

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

MIGRATION – Application for judicial review of a decision of the Immigration Assessment Authority (“IAA”) – whether the Secretary’s referral of material under s 473CB of the Migration Act 1958 (Cth) was affected by relevant error due to omission of a letter making protection claims – materiality – application succeeds 

BANKRUPTCY– Application for declaration and orders requiring vacant possession of property and the sale of such property – no arguable defence to the application – orders accordingly. 

INDUSTRIAL LAW – Failure to comply with compliance notice – application for default judgment against company and its sole director – where respondents have not entered an appearance or participated in proceeding – default judgment – declarations made. 

INDUSTRIAL LAW – where the first respondent failed to pay entitlements due to an employee for a small sum – where the second respondent was accessorily liable for the first respondent’s contravention – where deterrence nonetheless a consideration for the imposition of pecuniary penalties – orders accordingly. 

INDUSTRIAL LAW – FAIR WORK – failure to comply with a compliance notice – application for imposition of pecuniary penalties – consideration of factors relevant to penalty – pecuniary penalties ordered. 

MIGRATION – Where grounds of review were meaningless and wholly lacking in particularity – where the applicant had on two occasions been given the opportunity to amend the Originating Application for Review – where the applicant did not require the assistance of an interpreter at the time of the hearing before the Court – where the applicant failed to provide any reason as to why an order extending time for the commencement of the review application would be in the interests of the due administration of justice – no jurisdictional error established – application dismissed. 

MIGRATION – Protection visa – judicial review of multiple decisions of the Administrative Appeals Tribunal – where husband and wife separately applied for a protection visa – where both applications were dismissed by the Tribunal for non-appearance and the dismissal decision later confirmed - where both applicants made a succession of applications to the Tribunal following the dismissal of their respective review applications – whether the dismissal and confirmation decisions complied with procedural requirements – whether the dismissal decision was legally unreasonable - whether Tribunal correctly found it did not have jurisdiction to conduct further reviews of the dismissal decision – where Tribunal complied with procedural fairness and statutory obligations –  where decision to proceed under s 426A(1A)(b) was supported by intelligible reasoning - both applications dismissed – both applicants to pay costs in fixed amount reflecting Scale at time of applications.

MIGRATION – application for juridical review of a decision of the Administrative Review Tribunal affirming a decision not to grant the applicant a protection visa – whether the Tribunal failed to afford the applicant procedural fairness – whether the Tribunal failed to have regard to relevant considerations – whether the Tribunal decision was affected by bias – whether the Tribunal failed to consider the risk of harm the applicant would face on his return to the receiving country – whether the Tribunal made jurisdictional errors in making adverse credibility findings – no jurisdictional error established – 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 reasoned illogically, irrationally and failed to give the applicant’s claim active intellectual consideration – whether the Tribunal made unwarranted assumptions – whether the Tribunal misapprehended the evidence of the applicant – whether the Tribunal made unreasonable credit findings – whether the Tribunal failed to consider all of the corroborative evidence – whether the Tribunal failed to determine that the law prohibiting publication of Liberation Tigers of Tamil Eelam symbols was discriminatory to the applicant for Convention reasons – jurisdictional error established – writs issued.

MIGRATION – protection visa – judicial review of a decision of the Administrative Appeals Tribunal – where applicant feared he would be placed in a compulsory drug treatment facility upon return to Vietnam –  where applicant claimed he would be denied access to a methadone program - whether Tribunal failed to apply the “real risk” test – whether Tribunal considered the applicant’s claim or integral part of his claim concerning access to methadone program – finding of jurisdictional error – writs issued – costs order in applicant’s favour 

MIGRATION- Student (Temporary) (Class TU) (Subclass 500) visa - decision of Administrative Appeals Tribunal – whether the Tribunal ought to have provided a hearing or granted an adjournment – whether the Tribunal failed to take into account relevant considerations – no jurisdictional error – application dismissed

MIGRATION- Student visa – decision of the Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence- whether findings unsupported by evidence – whether the applicant failed to properly apply the law – no jurisdictional error-application dismissed

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant applicant protection visa – whether no evidence to support finding made by IAA – whether IAA ought to have considered whether Iranian authorities would become aware upon applicant’s return to Iran that passport used to depart Iran in 2012 was fraudulent – whether IAA erred in non-satisfaction that new information was credible within meaning of s 473DD(b)(ii) - application dismissed

MIGRATION – regional employer nomination visa –application for review of a summary dismissal decision made by a Registrar – where applicant did not have an approved nomination or indeed a sponsor at the relevant times – application can not succeed and is dismissed with costs

MIGRATION LAW – judicial review of a decision of the Administrative Appeals Tribunal to not grant a protection visa – Applicants raised new protection claims concerning a loan shark and discrimination of adoptive child – credibility concerns – largely unparticularised grounds of review and Applicants seeking impermissible merits review – no jurisdictional error identifiable – application dismissed with costs

MIGRATION LAW – extension of time of 428 days required – substantial delay – Applicant’s attempts to file application 233 days out of time – interpreter slang – grounds of review seek impermissible merits review – no reasonable prospects of success – extension not granted – application dismissed with costs

MIGRATION LAW – judicial review of a decision of the Administrative Appeals Tribunal to not grant a protection visa – Falun Gong practitioner – no jurisdictional error established – application dismissed with costs

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 – both parties invited to make further written submissions to address whether the Tribunal was obliged to consider the fact the 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 Regional Employer Nomination (Subclass 187) (Regional Sponsored Migration Scheme) visa – Administrative Appeals Tribunal not satisfied that the applicant had an approved standard business sponsor as required by cl 187.311 of Schedule 2 to the Migration Regulations 1994 (Cth) and affirmed Delegate’s decision to refuse the application – application for judicial review – no meaningful ground of jurisdictional error asserted – no jurisdictional error established – applicants’ application for an extension of time to review the Registrar’s decision and the Applicants’ review application dismissed

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal was required to make finding as to why militia group issued threat letter to applicant’s family - application dismissed

MIGRATION – Injunction to prevent removal – relevant considerations.   

 MIGRATION – judicial review – student visa – whether the Tribunal failed to consider relevant evidence – whether the Tribunal acted unreasonably – procedural fairness – whether weight given to certain evidence reveals jurisdictional error – no jurisdictional error found – application dismissed. 

MIGRATION – Judicial review – decision of Immigration Assessment Authority – citizen of Pakistan – whether misapplication of real chance test – whether constructive failure to exercise jurisdiction by failure to consider relevant integers of applicant’s claimed risk of harm – whether country information misconstrued and reasoning illogical or irrational – whether jurisdictional error – writs issued.  

MIGRATION – Judicial review application – decision of Immigration Assessment Authority – citizen of Sri Lanka – whether proper consideration given to whether exceptional circumstances existed to justify considering new information – whether assessment of whether new information was credible personal information – whether legally unreasonable to fail to utilise powers to obtain information from the applicant or other sources – whether legally unreasonable determinations concerning the applicant’s credibility and alleged failure to raise issues – whether jurisdictional error – writs issued

WORDS AND PHRASES – “reliable”  

MIGRATION – application for review of a decision by the Administrative Appeals Tribunal affirming a decision not to grant the applicant a Partner (Residence) (Class BS) Visa – Tribunal found the applicant did not meet Public Interest Criterion 4020(1) and there were no relevant compassionate or compelling circumstances to justify granting the partner visa – unrepresented litigant – explanation by the Court of practice and procedure as to adjournment and requirement to adduce evidence – whether the Tribunal ignored relevant material or decision was legally unreasonable – no jurisdictional error established – application dismissed 

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

MIGRATION– Protection (class XA)(subclass 866) visa – whether the Administrative Appeals Tribunal (the Tribunal) considered whether there was a real chance of significant harm to the applicant on return to Greece where her resident permit had expired – whether the Tribunal’s decision was legally unreasonable – application dismissed   

MIGRATION – protection visa – judicial review of a decision of the former Administrative Appeals Tribunal – where applicant alleges that she was assisted by an interpreter in the Chinese Mandarin language who did not faithfully interpret her evidence – where apart from one example the applicant did not identify any errors in the interpretation – where applicant did not produce a transcript of the hearing –  where Tribunal recorded adverse credit findings that reflected in part changes to the applicant’s evidence - where Tribunal recorded independent finding that Malaysian authorities could protect the applicant from the harm she allegedly suffered – no jurisdictional error – application dismissed with costs 

MIGRATION – Administrative Appeals Tribunal –Protection visa – Whether the Tribunal’s adverse credibility findings on critical issues amounted to jurisdictional error – sole ground of judicial review upheld –Tribunal decision quashed – matter remitted to the Tribunal 

MIGRATION – Return (Residence) (Class BB) visa – Whether the Administrative Appeals Tribunal fell into jurisdictional error by failing to construe or misconstruing  cl 155.212(3A) of the Migration Regulations 1994(Cth) – Consideration of the “substantial ties” and “benefit to Australia” criteria – Application dismissed 

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – Tribunal not satisfied applicant was witness of truth and rejected most of applicant’s claims concerning past harm - no point of principle - application dismissed 

MIGRATION – Subclass 457 visa – Whether as a result of failing to adjourn the review proceeding in the absence of a response to a s 359 letter the Administrative Appeals Tribunal fell into jurisdictional error – Whether the Tribunal unreasonably failed to enquire as to why there had been no response to a s 359 letter – Application dismissed