MIGRATION – judicial review – Student (Temporary) (class TU) (subclass 500) visa – cancellation decision for non-compliance with condition 8202 – whether the Tribunal’s decision was vitiated by jurisdictional error on the ground of legal unreasonableness in considering whether to cancel the visa – whether the Tribunal misunderstood condition 8202(2)(a) – no jurisdictional error disclosed – application dismissed

MIGRATION – application for Employer Nomination (Permanent) (Class EN) visas – the Tribunal on review refused to approve the nomination and accordingly refused to grant the applicants visa – no jurisdictional error in the Tribunal’s decision not to approve the employer nomination – application dismissed

PRACTICE AND PROCEDURE – Application in a proceeding– strike out application – pleading misleading and deceptive conduct – need for precision – whether pleading confusing or embarrassing – whether pleading reveals a reasonable cause of action – pleading accessorial liability – definition of “involved” for purposes of accessorial liability – whether required identification of the paragraphs of the definition of “involved” – whether leave to replead paragraphs struck out

CONSUMER LAW – mortgagee seeking possession of mortgaged goods following default in compliance with finance agreement.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – where applicant identifies as a lesbian Muslim and claims to fear harm on that basis – where country information identifies widespread discrimination and harm against those who are LGBTQ identified – where Tribunal concludes that applicant lived “discreetly” and “privately” – where Tribunal determines that no harm would arise if applicant returns to Malaysia – whether the Tribunal failed to properly address the question of whether the applicant’s fear of persecution was well-founded as per the principles in Appellant S395/2002 – Tribunal found to have constructively failed to exercise its jurisdiction – jurisdictional error established – writs issued.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – reinstatement application – matter reinstated – extension of time application – insignificant delay – inadequate explanation – no prejudice – no arguable case of jurisdictional error – extension of time refused.

MIGRATION – cancellation of a Student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence or claims – whether the Tribunal’s decision was legally unreasonable – whether the Tribunal failed to afford the applicant procedural fairness – whether the Tribunal’s decision was affected by bias – remittal futile in any event – no jurisdictional error – application dismissed.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – allegation of agent misconduct and/or fraud on the Tribunal raised at first hearing before this Court – applicant given an opportunity to produce evidence in relation to the agent’s alleged misconduct – matter listed for a further hearing in relation to the allegation of fraud – 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 – Temporary Protection visa – decision of the then Immigration Assessment Authority – whether the IAA failed to consider the applicant’s protection claim or an integer of that claim – jurisdictional error established – writs issued.

MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal misconstrued or misapplied cl 11(b) of Direction 69 – whether the Tribunal’s conclusions were unreasonable – jurisdictional error established – writs issued.

MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – extension of time previously granted – hearing of substantive application – whether the Tribunal erred by denying the applicant procedural fairness in respect of its obligations under s 360 of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.

BANKRUPTCY –  creditor’s petition – challenge to service of bankruptcy notice – where applicant creditor relies on statutory deeming provisions contained in ss 28A(1)(a)(ii) and 29(1) of the Acts Interpretation Act 1901 (Cth) – where envelope containing bankruptcy notice recorded the incorrect postcode but the correct street and suburb – where the incorrect postcode had been recorded by the respondent on documents filed in court proceedings - whether bankruptcy notice sent to the address of the place of residence of the person last known to the person serving the document – whether envelope containing the bankruptcy notice “properly addressed” – whether applicant able to establish service independently of the deeming provisions – no proof of service – creditor’s petition dismissed – sequestration order set aside

MIGRATION – judicial review – decision of Administrative Appeals Tribunal - whether Tribunal failed to consider and make findings concerning claim by applicant – whether error in Tribunal’s findings concerning inconsistencies and discrepancies in applicants’ evidence -no jurisdictional error established – application dismissed.

MIGRATION – judicial review – extension of time application - extension of time refused – costs ordered.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal - whether applicant satisfied clause 500.212 – whether Tribunal made typographical errors in its decision – no jurisdictional error established – application dismissed.

HUMAN RIGHTS – application for leave under s 46PO of the Australian Human Rights Commissions Act 1986 (Cth) – racial discrimination – where Commission previously terminated applicant’s complaint – consideration of whether it is in the interests of the administration of justice for leave to be granted – where the applicant claims unlawful discrimination in breach of the Racial Discrimination Act 1975 (Cth) – where applicant claims that the English Language Skills Registration Standard imposed upon the paramedicine profession is discriminatory – consideration of principles relevant to a suppression or non-publication order – found open justice the paramount consideration and denied the application for anonymisation – consideration of discretion to permit cross-examination in the context of an interlocutory proceeding – where certain grounds of applicant’s claims misconceived – where language or English language proficiency is not a protected attribute under the RDA –found neither the National Law nor the ELS Standard limits the rights of a person of Ugandan national origin – found applicant’s discrimination claim not reasonably arguable – leave refused and application otherwise dismissed.

INDUSTRIAL LAW – general protections claim – adverse action – alleged breach of employment contract – alleged breaches of Fair Work Act – whether employee exercised workplace rights – if exercise of workplace rights was a substantive and operative reason for dismissal – reverse onus satisfied by respondents – general protections claims not made out – breach of contract claim successful in part – whether obligation to give payslips satisfied if access available via payroll software – declarations made that there were some contraventions of the Fair Work Act by the first respondent

INTELLECTUAL PROPERTY - Practice and procedure – application to vary two of the orders (Orders) for costs made on 29 November 2024 on the ground that the applicants were denied procedural fairness – whether the orders for costs were interlocutory – whether the applicants were denied procedural fairness – order for costs are interlocutory – applicants denied procedural fairness – Orders set aside and directions made for the filing of evidence in relation to the quantification of costs.

MIGRATION – Whether claim made in submissions to Immigration Assessment Authority was new information where subject matter of claim was contained in country information which had been before the delegate

MIGRATION — judicial review — student visa — Ministerial Direction No. 69 —  genuine temporary entrant criterion — procedural fairness — jurisdictional error not established — application dismissed

MIGRATION — judicial review — student visa —Ministerial Direction No. 69 — whether applicant was a genuine temporary entrant  — unfairness or unreasonableness not established ¬ — jurisdictional error not established — application dismissed

MIGRATION – Application for extension of time – where explanation for delay was election by applicant to seek Ministerial intervention in reliance on information set out in Tribunal’s decision

MIGRATION – application of judicial review of a decision made by the Administrative Appeals Tribunal – whether the Tribunal constructively failed to review the delegate’s decision – whether the Tribunal denied the applicant procedural fairness in its failure to sufficiently raise critical matters with the applicant and/or extend him the opportunity to reply to adverse information due to interpretation errors at the hearing – no jurisdictional error – application dismissed.

MIGRATION – Application for an extension of time to make an application reviewing a decision of the Administrative Appeals Tribunal (the Tribunal) – whether there was a reasonable explanation for delay in filing – whether in the interests of administration of justice to grant extension – extension of time granted – Protection visa – a refusal to grant protection visa under section 65 of the Migration Act 1958 – the Tribunal affirm delegate’s decision – applicant’s claim for protection grounded on claim to be member of particular social group, being homosexual – judicial review – jurisdictional error – whether reasonably open to find that the applicant has given inconsistent evidence – whether decision by Tribunal involved assumptions pre-conceptions or prejudgments – materiality of reasoning – writ of certiorari issued – writ of mandamus issued.

MIGRATION – judicial review – dismissal of application for non-appearance

MIGRATION – Partner visa – whether Tribunal failed to properly consider social aspects of relationship and nature of household – whether decision of Tribunal legally unreasonable

FAMILY LAW – APPEAL – Where the wife appeals from final property orders – Where the wife alleges errors of fact – Where the primary judge assigned the same liability to each of the husband and the wife in the balance sheet – Where the husband concedes the error – Where further errors of fact as to value of a motor vehicle and furniture are made out but are de minimis – Where the wife contended other errors as to failure to take into account relevant considerations, errors as to weight, and as to the overall outcome being unreasonable or plainly unjust – Where those grounds are not made out – Appeal allowed – Final property orders confirmed with variations pursuant to s 36 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) to correct the discrete and confined error without varying the percentage division of the property of the parties or changing the specie of property achieved by way of the primary judge’s orders, the correction finalising the litigation as quickly, inexpensively, and efficiently as possible – No order made as to costs.

PRACTICE AND PROCEDURE – BANKRUPTCY – interim application for an extension of time of over 200 days for the filing on an application for review of sequestration order made by a Registrar – trustee appointed – no reasonable explanation for substantial delay – significant prejudice to creditors and trustee – no evidence of solvency – application dismissed

BANKRUPTCY – application by trustee under s.146 of the Bankruptcy Act 1996 (Cth) for distribution of dividends in circumstances where no statement of affairs filed – factors relevant to the exercise of discretion – orders that the distribution of dividends proceed as if bankrupt had filed a statement of affairs as required by the Act – application granted with an order that the Trustee retains their costs of these proceedings.

FAIR WORK – general protections court application – application filed out of time – where there is no evidence of explanation for delay – where application can not succeed – leave to file outside statutory timeframe refused.

INDUSTRIAL LAW – application in proceeding for relief in the nature of an anti-suit injunction – where first and second applicants commenced proceeding in this Court  alleging breaches of the Fair Work Act 2009 (Cth) in connection with their employment by the first respondent in a Korean restaurant – where first applicant later commenced proceeding in the County Court of Victoria against the second respondent alleging breaches of a business and loan agreement relating to the establishment and operation of the Korean restaurant – whether Court has power to make orders that would restrain the first applicant from taking steps in the County Court proceeding – whether the two proceedings concern the same justiciable controversy – whether, in circumstances where the County Court proceeding is listed for trial imminently, it would be in the interests of justice to grant injunction – application in proceeding dismissed

MIGRATION – Immigration Assessment Authority - Safe Haven Enterprise Visa (class XE) (subclass 790) visa refusal - whether e-mail was given to the Authority within the meaning of s 473HF(1)(a) of the Migration Act 1958(Cth) – no jurisdictional error – application dismissed. 

MIGRATION – Judicial Review – student visa – Direction No. 69 – whether applicant was a genuine temporary entrant – whether Tribunal failed to consider a claim – whether Tribunal afforded applicant procedural fairness – whether para 12(c) of Direction No. 69 ultra vires – whether Tribunal failed to consider evidence – jurisdictional error not established – materiality – application dismissed.

MIGRATION – application for review of a decision of the Administrative Appeals Tribunal to not grant a protection visa – protection claims made on the basis of economic hardship and marriage – procedural fairness – proper construction of the Applicant’s claims – application dismissed with costs 

MIGRATION - Protection (Class XA) (Subclass 866) visa – application for judicial review – whether Tribunal misconstrued ss 5J of the Migration Act 1958 (Cth) – whether Tribunal failed to consider evidence – not unreasonable - no failure to consider relevant evidence – application dismissed

MIGRATION – review of a decision of the Administrative Appeals Tribunal (Tribunal) – temporary business entry visa – 457 visa program – whether the Tribunal misinterpreted s 140GB of the Migration Act 1958 (Act) – interpretation of the term ‘approved sponsor’ – application dismissed.

MIGRATION – application for judicial review of the Administrative Appeal Tribunal’s (Tribunal) decision – whether the Tribunal’s decision was unreasonable – no jurisdictional error established – application dismissed

MIGRATION – Application for judicial review – Student visa – Failure to have a Certificate of Enrolment – Primary criteria cl 500.211 of Regulations – application dismissed.

MIGRATION – Judicial Review –  student visa – cancellation under s 109 of the Migration Act 1958 (Cth) – interpretation and application of reg 2.41 of the Migration Regulations 1994 (Cth) – no jurisdictional error – application dismissed. 

MIGRATION – application for review of a summary dismissal decision made by a Registrar – where the substantive application has no reasonable prospect of success – application dismissed

MIGRATION – Application for judicial review – decision of the Immigration Assessment Authority – citizen of Afghanistan – Hazara Shia – previously resident in Quetta, Pakistan – whether the test for internal relocation in considering whether there was taken not to be a real risk of suffering significant harm in Afghanistan was misunderstood or misapplied – whether constructive failure to exercise jurisdiction – whether comparative analysis rather than consideration of safe place for relocation engaged in – whether constructive failure to exercise jurisdiction by failing to rely upon most recent new information concerning the security situation in Afghanistan – whether decision irrational or illogical because finding of fact not open – whether error in exercise of jurisdiction by misunderstanding or misapplying the meaning of “well-founded fear of persecution” – whether material jurisdictional error.

EVIDENCE – Objection to annexures to affidavit filed on behalf of the applicant – new information – whether new information must be considered by the Authority – where evidence relevant to a ground of review – evidence admissible 

MIGRATION – Judicial review – decision of Immigration Assessment Authority – citizen of Sri Lanka – Tamil ethnicity – Christian religion – alleged fear of harm from Tamil political organisation – new information being allegation of abduction and sexual assault – whether failure to apply real chance test – whether failure to consider relevant considerations – whether failure to consider whether new information met statutory requirements – whether law misunderstood or misinterpreted in consideration of new information – whether failure to consider claim applicant specifically targeted – whether failure to consider concerning conduct of Tamil political organisation – whether failure to consider information relating to risk of torture or other serious or significant harm – whether findings unreasonable, illogical or irrational – whether findings made on basis of no probative evidence – whether  exceptional circumstances to justify considering new information – whether unreasonable not to interview applicant – whether unreasonable not to give significant corroborative weight to letters from various civil and clerical officeholders – whether material jurisdictional error – writs issued

MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – where the applicant was unaware of the grounds raised – whether failure to consider claims – no jurisdictional error established – application dismissed

MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – where the applicant was unaware of the grounds raised – whether the IAA considered information provided by the secretary – whether the applicant was properly notified of the IAA’s decision – no jurisdictional error established – application dismissed

MIGRATION- Immigration Assessment Authority – Safe Haven Enterprise Visa – Whether the Authority erred in its consideration of new information pursuant to s 473DD – The Authority’s reference to “credible or corroborative” information –Imposing a higher standard of satisfaction in considering s 473DD - jurisdictional error established – Application allowed.

MIGRATION – Immigration Assessment Authority – refusal of Safe Haven Enterprise Visa (SHEV) (Subclass 790) visa – whether the Authority committed jurisdictional error by failing to apply the well-founded fear test – whether the Authority failed to consider the prevalence of torture in Sri Lanka – no jurisdictional error – application dismissed.

MIGRATION – Administrative Appeals Tribunal – Partner (Provisional) (Class UF) (subclass 309) visa – whether the Tribunal understood and considered applicant’s claims when deciding to exercise its discretion under s 116 of the Act – no jurisdictional error made out – application dismissed.

BANKRUPTCY – Creditor’s petition – No matter of principle

FAIR WORK – application for costs

MIGRATION -  judicial review – decision of Administrative Appeals Tribunal – protection visa – whether Tribunal failed to consider claims or documents - no jurisdictional error established – application dismissed.