MIGRATION – Protection (subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – application for an extension of time to bring judicial proceedings under s 477(2) of the Migration Act 1958 (Cth) – whether extension of time is necessary in the interests of the administration of justice – length of delay – prospects of success – application dismissed

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

MIGRATION – Regional Employer nomination visa – decision of the Administrative Appeals Tribunal – where no approved nomination – allegations of migration fraud – where applicant not ‘identified person’ in nomination – whether the Tribunal failed to comply with s 359A of the Act – no jurisdictional error established – application dismissed

PRACTICE AND PROCEDURE – FAIR WORK – application for setting aside or variation of statutory compliance notices issued by Fair Work Ombudsman – interlocutory application for strike out of pleadings and discovery.

MIGRATION - Judicial review – application to extend the time for filing – where application approximately 590 days out of time – principles and factors considered – application to extend time for filing refused.

MIGRATION – Application to extend the time for filing to review a decision of the Administrative Review Tribunal – application to extend time considered and rejected by reference to well established factors – application dismissed.

MIGRATION – Protection (Class XA) (Subclass 866) visa – application for an extension of time to seek judicial review – no reasonable explanation for delay – no jurisdictional error – application dismissed.

MIGRATION – partner visa – where applicant did not meet Schedule 3 (cl.3001) criterion – whether the Tribunal erred in its consideration not to apply the criterion for compelling reasons, took irrelevant considerations or failed to take relevant considerations into account and the decision was affected by apprehension of bias and a denial of procedural fairness – no jurisdictional error established – application dismissed with costs.

MIGRATION – Student (Subclass 500) visa –– application for judicial review – whether Tribunal failed to provide the applicant a meaningful hearing under by s 360 of the Migration Act 1958 (Cth) – evidence of access to funds - cl 500.214 of Sch 2 of the Migration Regulations 1994 (Cth) – amended application dismissed.

MIGRATION – protection (subclass 866) visa – application for review of Registrar’s decision under s 256(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – where Tribunal dismissed application pursuant to s 426A(1A)(b) of the Migration Act 1958 (Cth) – where the Tribunal confirmed its decision to dismiss the application – where Registrar summarily dismissed  judicial review application pursuant to r 13.13 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – where application for review of Registrar’s decision made out of time – whether extension of time ought be granted – no real prospect of success – application for extension of time refused – application dismissed

PRACTICE & PROCEDURE – Where originating application for review made clear that applicant sought audio files of interview in order to provide further grounds or particulars – adjournment and costs consequences where Minister failed to provide audio files since commencement of proceedings until ordered by the Court.  MIGRATION – Whether Immigration Assessment Authority erred in determining whether to consider new information

MIGRATION – Protection (subclass 866) visa – application for reinstatement of application for judicial review – whether reasonable excuse for non-appearance at hearing – whether reasonable excuse for delay in bringing application for reinstatement – whether reasonably arguable grounds of review – application dismissed.

MIGRATION – Temporary Skills Shortage visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to consider – legal unreasonableness – no jurisdictional error established – application dismissed

MIGRATION – Student (Temporary) (Class TU) (subclass 500) visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to consider evidence – failure to afford procedural fairness – no jurisdictional error established – application dismissed.

MIGRATION – Judicial Review – Protection Visa – Bangladesh – Political persecution – Sexual assault – Relocation - Unreasonableness - Unwarranted assumption – Consideration of corroborative evidence – Failure to consider a claim – Application dismissed with costs

MIGRATION – Whether Tribunal failed to afford meaningful hearing opportunity to applicant – whether, including as a consequence, Tribunal failed to consider best interests of child – whether findings inconsistent

MIGRATION – Judicial Review – Administrative Appeals Tribunal – Protection Visa - Application dismissed

MIGRATION – Judicial Review – Administrative Appeals Tribunal - Protection Visa – China – Where applicant provided limited documentation in support of his claim to the Tribunal – Impermissible merits review – Failure to consider country information – Application dismissed

MIGRATION – Whether cl 186.222 of the Migration Regulations is invalid by reason of inconsistency with s 55 of the Migration Act as found in Berenguel, despite relevant amendment

MIGRATION – review of a decision of the Administrative Appeals Tribunal – protection visa – no jurisdictional error established – application dismissed.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the conduct of the applicant’s migration agent or a third party amounted to a fraud on the Tribunal – no evidence before the Court to establish fraud – no jurisdictional error – application dismissed

MIGRATION – Administrative Appeals Tribunal – Temporary Graduate (Post Study Work Stream) (subclass 485) visa – application made more than six months after completion of course – application therefore did not comply with cl.485.231 – no jurisdictional error.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to apply the statutory requirements for a protection visa – whether the Tribunal’s reasoning process is unreasonable or illogical – whether the Tribunal failed to address aspects of the applicants’ evidence – whether the Tribunal was biased – no jurisdictional error – Ministerial Intervention – application dismissed.

PRACTICE AND PROCEDURE – industrial law –– where the applicant commenced proceeding in this Court alleging contraventions of Part 3-1 of the Fair Work Act 2009 (Cth) – where at time of application there was an extant complaint in the Australian Human Rights Commission – where AHRC complaint was later withdrawn by applicant – where respondents seek dismissal of Court proceeding to the extent that conduct pleaded is substantially the same as conduct identified in the AHRC complaint – whether s 734(1) of the FW Act is engaged in relation to this conduct – whether there is any jurisdictional impediment to the applicant commencing a fresh application in this Court – dismissal application allowed – leave granted to the applicant to commence fresh general protections application out of time

FAIR WORK – interlocutory application by third respondent for summary dismissal under s 143 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and r 13.13 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – whether there are no reasonable prospects of the applicant proving the third respondent is a ‘responsible franchisor entity’ as defined under s 558A(2) or a holding company under s 558B(2) of the Fair Work Act 2009 (Cth) – whether any deficiency in the pleadings against the third respondent is incurable – summary dismissal of the proceeding against the third respondent refused on the basis the deficiency in the pleadings may be curable by amendment – leave granted to amend the statement of claim to plead accessorial liability pursuant to s 550 of the Fair Work Act 2009 (Cth)

MIGRATION – Judicial review – decision not to grant a Protection (Class XA) (subclass 866) visa – dismissal for non-appearance

MIGRATION – protection visa – judicial review of decision of Immigration Assessment Authority – whether finding as to receiving country open – whether the applicant’s claim of statelessness clearly articulated or emerges from materials – whether statement given to authority was new information – where statement provided outside time allowed – whether Authority acted unreasonably in not accepting statement or not seeking further information – whether Authority considered all relevant information – whether all claims for protection considered individually and cumulatively – whether the Authority misconstrued or misapplied the statutory tests for refugee and complementary protection – where asserted errors invite merits review – no jurisdictional error established

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

PRACTICE AND PROCEDURE – application for default judgment – discretionary – whether court should give default judgment where primary claim seems questionable. INTELLECTUAL PROPERTY – alleged Trade Mark infringement – Trade Mark consisting of the word “Snakeman” – whether that trade mark is a descriptive term. DEFAMATION – associated jurisdiction – whether defamation action arises from substantially the same or closely connected facts to the Trade Mark claim

MIGRATION – protection (subclass 866) visa – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – judicial review – whether the Tribunal failed to consider relevant facts – whether the Tribunal considered the statehood of the applicant’s child – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal failed to do its duty – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – matter listed for a directions 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 – application for judicial review of a decision of the then Administrative Appeals Tribunal – where the primary applicant was not subject of an approved employer nomination visa therefore did not satisfy cl.186.223 – application is dismissed with costs

MIGRATION - application for an extension of time for judicial review of a decision of the then Administrative Appeals Tribunal – where substantive application lodged 3 days out of time - where substantive application fundamentally lacks merit and therefore is futile – extension of time not in the interests of the administration of justice and application refused.

INDUSTRIAL LAW - where there was evidence of a failure on the part of each respondent to comply with a duly issued compliance notice - where the respondents have failed to participate in the proceedings – where declarations and pecuniary penalty orders made accordingly. 
 

MIGRATION -  protection visa - application for judicial review of decision of Immigration Assessment Authority refusing visa – where applicant bore scars relating to alleged torture – where scars visually inspected and described by the delegate – where Authority relied on delegate’s description – whether there was an informational gap in the review – whether Authority should have invited applicant to interview – where Authority obtained recent country information not available to delegate – whether Authority failed to properly consider later information regarding monitoring of social media activities by Iranian authorities – whether Authority relied on outdated country information – no error found 

MIGRATION LAW – application for judicial review – decision of the Administrative Appeals Tribunal – Protection (subclass 866) visa – where applicant was granted a protection visa which was subsequently cancelled – where applicant had returned to Iraq on two occasions following grant of protection visa notwithstanding claimed fears of harm – consideration of whether Tribunal engaged in illogical or irrational reasoning – where it was open for the Tribunal to conclude that the applicant had provided incorrect information – consideration of whether Tribunal failed to comply with ss 424A and 424AA of the Migration Act 1958 (Cth) – finding that applicant was put on notice of and did respond to the Tribunal’s concerns – consideration of whether Tribunal acted unreasonably in refusing two adjournment requests – finding that first refusal of adjournment not unreasonable and applicant has not established on balance of probabilities that second adjournment request was made – no jurisdictional error established – application dismissed with costs. 

MIGRATION – Where Tribunal failed to comply with section 359A obligation in relation to information which would have been a potential basis for affirming the decision, by ultimately finding on an alternative basis 
 

MIGRATION –  protection visa – where applicant claims to fear harm due to conversion to Christianity – testing of applicant’s religious beliefs - whether the Immigration Assessment Authority erred by applying an arbitrary and unexplained standard of doctrinal knowledge in considering applicant’s commitment to Christianity – whether the Authority considered the particular circumstances of the applicant – whether the Authority erred in relying upon findings recorded by the delegate without interrogation of the source material  – whether the Authority made findings without a probative basis –  no jurisdictional error - application dismissed with costs  

MIGRATION – Review of Registrar decision made out of time – where applicant fails to seek extension of time, elect for oral hearing and make written submissions – review application is susceptible to dismissal as incompetent  
 

MIGRATION – Application for an extension of time for judicial review of a decision of the Administrative Appeals Tribunal – where substantive application lodged 9 days after expiry of the statutory timeframe – where substantive application is futile and lacks merit – extension of time ought not be granted – application refused.
 

INDUSTRIAL LAW – Fair work – application for breaches of the provisions of the Fair Work Act 2009 (Cth) – employer failed to pay wages and commissions – termination of employment following provision on medical certificate – where the respondents have failed to take any steps in the proceedings – principles to be applied in undefended proceedings – assessment of damages – quantum of penalty to be imposed – to whom should the penalty imposed be paid – matters to be considered 
 

INDUSTRIAL LAW – FAIR WORK – admitted contraventions by CFMMEU official who acted in an improper manner whilst exercising the right to enter private premises and by the CFMMEU through its involvement – consideration of relevant factors – common course of conduct principle applied – declaratory relief granted and pecuniary penalties with partial personal payment ordered.   

MIGRATION –Judicial review – decision of Administrative Appeals Tribunal – protection (class XA) (subclass 866) visa – whether Tribunal’s findings unreasonable – invalid certificate – whether denial of procedural fairness – no jurisdictional error established – application dismissed

MIGRATION – Administrative Appeals Tribunal - Visitor (Class FA) visa (subclass 600) refusal– Where Tribunal found the visa applicant would not stay temporarily in Australia due to the economic conditions in Lebanon – Whether Tribunal asked itself the wrong question – Whether the tribunal failed to take into account a relevant consideration – Error of the kind identified in Khanam – Application upheld

MIGRATION – judicial review – decision of Administrative Appeals Tribunal cancelling student visa –whether Tribunal erred in exercise of discretionary power to cancel visa – whether Tribunal erred in dealing with medical evidence – no jurisdictional error established – application dismissed – costs ordered

MIGRATION – judicial review of Administrative Appeals Tribunal’s (the Tribunal) decision – protection visa – whether the Tribunal’s findings are legally unreasonable – jurisdictional error established.

MIGRATION – application for an extension of time for judicial review of a decision of the then Immigration Assessment Authority – where substantive application lodged 224 days (or 7 months and 10 days) out of time – where substantive application is futile and lacks merit –  extension of time ought not be granted and application refused.

MIGRATION – protection visa – application for judicial review of a decision of the Immigration Assessment Authority – whether decision was affected by an unreasonable failure to consider inviting further response or evidence pursuant to s.473DC or otherwise legally unreasonable – no jurisdictional error established – application dismissed with costs.

MIGRATION – review of a decision of the Administrative Appeals Tribunal (the Tribunal) – employer nomination visa – whether the Tribunal misdirected itself when it concluded as a matter of law that the applicant’s employer was not the nominated sponsor – whether the Tribunal erred when it had regard to the employment arrangements at the time of hearing – whether the Tribunal improperly referred to matters that were the subject of a certificate issued under s 376 of the Migration Act 1958 (Cth) – application dismissed.

MIGRATION – application for student visa – application lodged in person at Department of Home Affairs – whether applicant failed to lodge application in the prescribed way – jurisdictional fact – application dismissed