MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – application for adjournment no longer pressed – whether the Tribunal misapplied or did not properly assess the applicant against the criteria set out cl 500.212 in Schedule 2 of the Migration Regulations 1994 (Cth) or the relevant Ministerial Direction – whether the Tribunal failed to consider the correct issue or made a decision was based on assumptions – whether the Tribunal failed to consider the applicant’s personal circumstances when affirming the delegate’s decision – whether the Tribunal failed to consider the degree of hardship caused to the applicant and his family – whether the Tribunal failed to comply with its procedural fairness obligations – no jurisdictional error – application dismissed.

MIGRATION – Student visa cancellation – 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 rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

MIGRATION - Administrative Appeals Tribunal - Student (Temporary) (class TU) (subclass 500) visas refused – whether the Tribunal committed jurisdictional error by failing to take into account relevant considerations – whether the Tribunal misconstrued or misapplied genuine temporary entry criteria pursuant to cl 500.212 – no jurisdictional error occurred – application dismissed.

INDUSTRIAL LAW – Application for costs – Respondent seeks indemnity costs – Whether Application was filed without reasonable cause – Consideration of conduct of the Applicant – Whether indemnity costs as sought is appropriate – Applicant to pay costs in a fixed sum

CONSUMER PROTECTION – Dispute between contractors about a sub-contract for goods and services in the building industry – where the Applicant seeks rectification of the sub-contract to correct party name – consideration of applicable principles – no order of rectification made – application by non-party must be dismissed.

MIGRATION – Extension of time – whether reasonable explanation for delay – whether prejudice – whether reasonable prospects of success – extension of time not granted – order for costs against lawyer – application dismissed

MIGRATION - Temporary Graduate (Class VC) (Subclass 485) visa – application for judicial review – amendment of application to seek mandamus - failure to accompany visa application with evidence – Regulation 485.215 - whether Tribunal failed to consider all materials available to it – whether Tribunal failed to consider a material fact – error of law - application allowed

MIGRATION – Protection (Class XA) (Subclass 866) visa - application for judicial review – application for extension of time – where applicant failed to attend – applications dismissed.

MIGRATION – judicial review – protection visa – interpreter error – whether the Tribunal discharged procedural fairness obligations – real and meaningful opportunity to give evidence and present arguments – materiality – jurisdictional error established – application allowed.

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether decision was made too quickly – whether failure to consider claims – whether applicant given sufficient opportunity to present his case – no jurisdictional error established – application dismissed

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal –  alleged failure to consider material of significance – whether the Tribunal was required to consider statutory declaration made by the applicant’s husband – what inferences to be drawn from the failure of the Tribunal to refer to the statutory declaration in its written statement of reasons – whether findings made by the Tribunal rejecting the applicant’s sexual identity claims were unreasonable – finding that the Tribunal was required to consider the husband’s statutory declaration and failed to do so – error material – writs issued

MIGRATION – Judicial review – decision not to grant a Student (Temporary) (Class TU) visa – dismissal for non-appearance

MIGRATION – Protection Visa – Where the Authority did not fail to consider a claim as to whether the First Applicant’s husband was suspected of involvement in the LTTE – Where the Authority’s assessment of a letter from the First Applicant’s husband complied with s. 473DD and was not unreasonable in the legal sense – Where the Authority did not misconstrue its statutory task by imposing an onus of proof on the Applicants – Where the Secretary did not comply with a duty under s. 473CB(1)(c) to give relevant information from an invalid visa application to the Authority but the failure was not material to the result – Where the Authority made an assessment of “new information” as to an ICRC Detention Attestation under s. 473DD(b)(ii) of the Act and its conclusion was not unreasonable in the legal sense – Application dismissed

MIGRATION – Safe Haven Enterprise Visa – decision of the Immigration Assessment Authority – whether failure to properly apply s 36(2A) in determining no risk of suffering serious harm – whether failure to fully or properly consider likelihood of harm – whether failure to consider applicant’s relationship to receiving country – whether IAA was required to consider welfare and safety of the applicant – whether need to consider new information in accordance with s 473DD – no jurisdictional error – application dismissed

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether failure to consider claims – whether applicant given sufficient opportunity to present his case – no jurisdictional error established – application dismissed

MIGRATION – Student (Subclass 500) visa refused –Applicant had given or caused to be given false or misleading information in a material particular in a visa application in the 12 month period before application made – Genuine Temporary Entrant criteria not met – Public Interest Criteria not met – No compelling or compassionate circumstances to allow waiver of public interest criteria –Administrative Appeals Tribunal affirmed delegate’s decision – Judicial review of Tribunal’s decision – Whether Tribunal failed to differentiate between the two limbs of public interest criteria and treated as one criteria –Whether Tribunal applied the wrong test – Whether Tribunal provided adequate reasons for its decision-no jurisdictional error – Application for judicial review dismissed

MIGRATION – protection visa application – applicant’s non-attendance at final hearing – application dismissed pursuant to r13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

MIGRATION – Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – protection visa – claim of public interest immunity upheld – whether the Tribunal made a decision so unreasonable that no reasonable person would have made it – whether Tribunal erred by not adjourning or offering to adjourn hearing to enable applicant to obtain legal advice regarding issue of self-incrimination – whether the Tribunal erred by not making obvious inquiries about critical facts – no jurisdictional error established – application dismissed

MIGRATION – Legal Practitioners– conduct of legal practitioner before the Court - citation of cases and quotes from Tribunal decision which do not exist – case citations generated by an artificial intelligence program – practitioner afforded an opportunity make submissions as to why he should not be referred to the Office of the NSW Legal Services Commissioner – Referral made

MIGRATION – Judicial Review – Partner Visa – Applicant not the holder of a substantive visa at the time of or 28 days before application – where Tribunal did not find compelling reasons to waive that requirement – application dismissed – costs awarded against the applicant and applicant’s legal representative

PRACTICE AND PROCEDURE – application for an extension of time to seek review of an exercise of power by a Registrar – where a Registrar summarily dismissed the applicants’ judicial review application – extension of time refused.

BANKRUPTCY – application for possession of property – applicant is trustee of the bankrupt estate of the respondent – applicant seeks vacant possession of the property – application proceeded on an undefended basis – orders for the respondent bankrupt to vacate the property – warrant of possession of property issued.

INDUSTRIAL LAW – application for civil penalty –contraventions of enterprise agreement under Fair Work Act 2009 (Cth) – agreed penalty – appropriate penalty

MIGRATION – Application for judicial review of a decision made by the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa – where the applicant made a general and unparticularised assertion of jurisdictional error – where the applicant asserted that the Tribunal decision was based on personal opinion and not evidence – no jurisdictional error established – application dismissed.

MIGRATION – Protection visa – application for judicial review – whether Tribunal failed to conduct the statutory task – role of the Court - application dismissed with costs.

MIGRATION - Student (Temporary) (class TU) (Subclass 500) visa – Administrative Appeals Tribunal – application for judicial review – no jurisdictional error established – application dismissed

BANKRUPTCY – Review of registrar’s decision to make a sequestration order – hearing de novo – sequestration order set aside – creditor’s petition to be heard on a date to be fixed.

MIGRATION – application for an urgent interlocutory injunction to restrain the Minister from removing the applicant from Australia pending the outcome of his judicial review application – whether there is a serious question to be tried – whether balance of convenience favours grant of injunction – injunction granted.

MIGRATION – Protection (Class XA) (Subclass 866) visa – application for review of Registrar’s decision – application for extension of time to seek judicial review - whether adequate explanation for delay – no reasonable prospects of successfully prosecuting application – application dismissed.

MIGRATION – Judicial review application – Immigration Assessment Authority decision – citizen of Pakistan – whether constructive failure to exercise jurisdiction by failing to engage with claims of cyclical violence in the Kurram District – whether material jurisdictional error – writs issued

MIGRATION – extension of time application – explanation of delay is unsatisfactory – no jurisdictional error established

MIGRATION – Administrative Appeals Tribunal – Regional Employer Nomination (Permanent) (Class RN) visa – substantive judicial review application –application for review of a judicial Registrar’s decision to set aside order as to costs refused – should costs follow the event – where the applicant’s legal representative withdrew from substantive proceedings – whether the applicant had standing to challenge a Nomination decision – whether the applicant met cl 187.233 of the Migration Regulations 1994 (Cth) – application dismissed.

MIGRATION - Immigration Assessment Authority - Safe Haven Enterprise (class XE) (subclass 790) visa – Whether the Authority failed to give proper and genuine consideration to the applicant’s evidence

HUMAN RIGHTS – Public interest immunity claim – Risk of inadvertent disclosure – Possibility of harm to the public interest - Claim upheld.

MIGRATION – application for judicial review of decisions of Administrative Appeals Tribunal – where delegate refused application for Employer Nomination Scheme visa – where Tribunal dismissed application for review due to non-attendance at hearing – where dismissal confirmed – whether visa application validly withdrawn prior to delegates decision – whether withdrawal lodged by applicants nominated recipient constituted valid withdrawal – construction of s 49 of the Migration Act considered - whether applicant gave authority for withdrawal – held withdrawal was effective – Tribunal lacked jurisdiction where visa application had been withdrawn

MIGRATION – Refusal to grant student visa – application for judicial review - Tribunal request for information-failure to supply information requested- Tribunal affirmed delegate’s decision without hearing -denial of natural justice and procedural fairness – unreasonable decision – application dismissed with costs.

MIGRATION – application for judicial review of decisions of Administrative Appeals Tribunal – where delegate refused application for Employer Nomination Scheme visa – where Tribunal dismissed application for review due to non-attendance at hearing – where dismissal confirmed – whether visa application validly withdrawn prior to delegates decision – whether withdrawal lodged by applicants nominated recipient constituted valid withdrawal – construction of s 49 of the Migration Act considered - whether applicant gave authority for withdrawal – held withdrawal was effective – Tribunal lacked jurisdiction where visa application had been withdrawn

MIGRATION – judicial review – decision of Administrative Appeals Tribunal – whether applicant satisfied clause 500.212 – no jurisdictional error established – application dismissed.

MIGRATION – Judicial Review – whether Tribunal erred in finding that information given was false or misleading in a material particular – material particular – whether Tribunal failed to consider and give appropriate weight to evidence – absence of approved nomination – futility – no jurisdictional error established – application dismissed.

BANKRUPTCY – Review of registrar’s decision to make a sequestration order – hearing de novo – sequestration order set aside – creditor’s petition to be heard on a date to be fixed.

MIGRATION – review of a decision of the Administrative Appeals Tribunal – training visa – whether the Tribunal erred in stating it had no jurisdiction –procedural fairness – no jurisdictional error established – application dismissed.

MIGRATION – Judicial review of a decision of the Administrative Appeals Tribunal to not grant the Applicant a Protection (Subclass 866) visa – protection claims relating to loan sharks – Tribunal found the applicant had not provided any supporting evidence – adverse credibility findings – whether the Tribunal provided a meaningful hearing – what constitutes an oral statement pursuant to s 430D(2)(a) of the Migration Act 1958 (Cth) – where the oral statement departs from the written statement – whether the Tribunal’s decision was illogical, irrational or unreasonable – whether the applicant was put on notice of issues arising in relation to decision under review – Tribunal’s decision affected by jurisdictional error – application granted – writs issued 

MIGRATION – Immigration Assessment Authority – the Authority refusing to consider new information – whether the Authority considered whether the new information was capable of being believed – whether the Authority’s determination that the new information, a UNP membership card, was not genuine, was tantamount to determining that it was not capable of being believed.

INDUSTRIAL LAW – Fair Work – Where the Applicant alleged the Respondent took adverse action against him because of a workplace complaint – Where the Applicant alleged the Respondent took adverse action against him because of his race – Where the Applicant alleged the Respondent contravened s. 323 of the Act because it failed to pay him in full at least monthly – Where the Applicant alleged that the Respondent organised action with an intent to coerce the Applicant not to exercise a workplace right in contravention of s. 343 of the Act – Where the Applicant alleged the Respondent exerted undue influence or undue pressure in contravention of s. 344 of the Act – Where the Applicant alleged the Respondent made a false or misleading representation in contravention s.345 of the Act – None of the Applicant’s claims is sustained – Application dismissed

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – Tribunal affirming delegate’s decision not to grant a visa – whether the Tribunal mislead the applicant – whether the Tribunal conducted the review in accordance with s 425 of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – Tribunal affirming decision not to grant a visa – protection claim relating to alleged debts – allegation person assisting applicant with visa application failed to include relevant information – whether there was third party fraud on the Tribunal – whether issues with the interpretation of the Tribunal proceedings gave rise to material unfairness – whether the Tribunal overlooked the applicant’s claims – adverse credibility findings – no jurisdictional error – application dismissed

MIGRATION – Skilled (Provisional) (Class VC) (Subclass 485) visa – decision of Administrative Appeals Tribunal – Tribunal affirming delegate’s decision not to grant a visa – whether the applicant’s qualifications were closely related to his nominated skilled occupation pursuant to cl 485.222 of the Migration Regulations 1994 (Cth) – whether the Tribunal gave adequate reasons for its decision –– whether the Tribunal failed to exercise its review jurisdiction – application dismissed

MIGRATION – Student (Subclass 572) visa – decision of Administrative Appeals Tribunal – where the applicant failed to maintain enrolment in a registered course for a period in excess of 12 months – where delegate determined that applicant breached condition 8202 and cancelled the visa pursuant to s 116 of the Migration Act 1958 (Cth) – where cancellation decision was affirmed on review – no jurisdictional error – application dismissed

MIGRATION – Employer Nomination Permanent Appointment Visa – judicial review of a decision of the Administrative Appeals Tribunal – legal unreasonableness – irrationality or illogicality – materially correct understanding of the law – no jurisdictional error established– application dismissed

MIGRATION – Student (Subclass 500) visa – decision of Administrative Appeals Tribunal – where delegate determined that applicant not a genuine temporary entrant - where Tribunal found the applicant did not satisfy the primary criterion pursuant to cl 500.212 – no jurisdictional error – application dismissed