MIGRATION – judicial review – whether Tribunal erred in finding it had no jurisdiction – no jurisdictional error established – application dismissed.

MIGRATION – Judicial review – Student visa refusal – whether Tribunal failed to consider information and claims – whether Tribunal denied the applicant an opportunity to give information – whether Tribunal’s decision not to adjourn the review was legally unreasonable – no jurisdictional error established – application dismissed.

MIGRATION – Application for judicial review – decision of the Administrative Appeals Tribunal as it was - subclass 189 skilled independent visa – where the applicant claimed that the Tribunal failed to consider the best interests of the applicant’s child in cancelling the applicant’s visa under PAM3 and in accordance with the Convention on the Rights of the Child – finding that the Tribunal failed to give consideration to the best interests of the child – finding that the failure to consider the child’s best interests is material in the circumstances – jurisdictional error established – writ of certiorari issued – order for costs.

HUMAN RIGHTS – Application for declarations and compensation for alleged sexual harassment – where the court was unable to make findings one way or the other that any pleaded conduct was unwelcome – where onus of proof not discharged by applicant – where application dismissed accordingly.

INDUSTRIAL LAW – determination of orders that should be made to give effect to reasons for judgment – whether good cause has been shown for not awarding pre-judgment interest – final order made.

ADMINISTRATIVE LAW – whether a ground in s 5 of the Administrative Decisions (Judicial Review) Act 1975 (Cth) is established – whether the Australian Information Commissioner denied the applicant natural justice – whether the Commissioner’s decision involved an improper exercise of power because the Commissioner relied on irrelevant considerations or failed to take into account relevant considerations – whether the Commissioner applied a rule or policy without considering the merit of the case – whether the Commissioner’s decision was induced or affected by fraud

PRIVACY LAW – decision of the Australian Information Commissioner not to investigate a privacy complaint made by the applicant on the basis that the privacy complaint was lacking in substance

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal considered irrelevant information – whether the Tribunal’s decision is illogical, irrational or unreasonable – whether the applicant was denied procedural fairness – no jurisdictional error – application dismissed.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to assess the applicant’s claimed fear of harm – whether the Tribunal’s use of country information was illogical, irrational or unreasonable – no jurisdictional error – application dismissed.

MIGRATION – protection visa – costs – where applicant sought mandamus for alleged breach by respondents of s 198(1) of the Migration Act 1958 (Cth) – where on day of final hearing applicant conceded that respondents no longer in breach of duty – where applicant sought costs of proceeding – whether Court should make determination of merits when original application and relief no longer pursued – where none of the parties was unreasonable in its commencement, maintenance or defence of the proceeding – where despite some evidence before the Court not possible to reach concluded view on merits of the case – principle identified in Ex parte Lai Qin applied – no order for costs – application for mandamus 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 – judicial review – decision of Administrative Appeals Tribunal – student (class TU) (subclass 500) visa – Tribunal found applicant did not give evidence of financial capacity that satisfied requirements of legislative instrument – whether Tribunal erred in finding applicant did not provide satisfactory evidence of financial capacity or genuine access to funds – no jurisdictional error established – application dismissed

FAIR WORK – compliance notice issued under s 716 of the Fair Work Act 2009 (Cth) (the Act) – whether contravention of s 716(5) of the Act – default judgment – whether orders for payment of compensation should be made – whether declaration of contravention should be made

FAIR WORK – leave to amend – application to vacate trial dates

MIGRATION – Student visa – Application for review of Registrar’s decision – Summary dismissal- Arguable claim of jurisdictional error- Application for an extension of time - Rule 21.02(2) – Extension granted - Review allowed – Application for judicial review reinstated.

MIGRATION – judicial review – student visa – challenge to the Tribunal’s finding who was not satisfied the applicant was a genuine applicant for entry and stay as a student as required by cl 500.212 – application dismissed

MIGRATION – Temporary Work visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to consider a vital integer of the applicants’ case – whether the Tribunal failed to consider the first applicant’s personal circumstances – whether the Tribunal failed to consider information before it – whether the conduct of the applicants’ agent or representative amounted to a “fraud” on the Tribunal – no jurisdictional error – Ministerial Intervention – application dismissed.

MIGRATION – application for reinstatement of application for extension of time to apply for judicial review – where extension of time application dismissed for non-appearance at court hearing – whether applicant provided reasonable excuse for not appearing at court hearing – whether arguable case on merits of extension of time application and judicial review application

MIGRATION – non-appearance at hearing – request for an adjournment or leave to appear remotely made on the morning of the hearing – subsequent sending of medical documents without further explanation – application dismissed for non-appearance

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL – protection visa – applicant self-represented – whether Tribunal failed to investigate the applicant’s claims to fear harm from his wife’s ex-husband – whether the Tribunal was biased – whether the Tribunal had regard to the applicant’s wishes that he call his brother to give evidence at the hearing – no jurisdictional error established – application dismissed

MIGRATION – Employer Nomination (Permanent) (Class EN) visa – judicial review of a decision of the Administrative Appeals Tribunal – procedural fairness – error of law – failure to consider – futility – no jurisdictional error established – application dismissed

MIGRATION – application for an extension of time – relevant considerations – extension of time refused.

FAIR WORK – Compliance Notice

FAIR WORK – Reasonable belief – Section 716(1)(a) – Whether the Inspector reasonably believed that the employer had contravened terms of a modern award – Where the Compliance Notice did not specify each and every contravention but “roved” across a date range throughout a relevant period – Where the court held that employer’s system of conduct in paying a flat rate less than prescribed Award minimums was sufficient grounds for the Inspector’s reasonable belief that the contraventions occurred throughout the relevant period

FAIR WORK – Review of the Compliance Notice –Section 717(1)(a) – Whether the employer had not committed a contravention set out in the Notice because the modern award, the Social, Community, Home Care And Disability Services Industry Award 2010 did not apply to it – Where held that a community language school was an employer in the social and community services sector and the Award applied to it

FAIR WORK – Section 717(1)(b) – Whether the Notice set out “specified action to remedy the direct effects of the contravention” under s. 716(2)(a) – Whether the Notice set out “brief details” of the contravention under s. 716(3)(c) –Held Notice complied with ss. 716(2)(a) and 716(3)(c) –Where the court found that the First Respondent failed to comply with the notice under s. 716(5)

FAIR WORK – Accessorial liability – Where under s. 716(2)(a) the Inspector may require a person to take specified action “within such reasonable time as is specified in the notice” –  Where an officer of the FWO made an express representation that the First Respondent should not make payments at the time specified in the notice – Where the failure to comply with the Contravention Notice was a continuing contravention – Where the Second Respondent was an intentional participant in the contravention

FAIR WORK – Reasonable belief – Section 716(1)(a) – Whether the Inspector reasonably believed that the employer had contravened terms of a modern award – Where the Compliance Notice did not specify each and every contravention but “roved” across a date range throughout a relevant period – Where the court held that employer’s system of conduct in paying a flat rate less than prescribed Award minimums was sufficient grounds for the Inspector’s reasonable belief that the contraventions occurred throughout the relevant period

FAIR WORK – Review of the Compliance Notice –Section 717(1)(a) – Whether the employer had not committed a contravention set out in the Notice because the modern award, the Social, Community, Home Care And Disability Services Industry Award 2010 did not apply to it – Where held that a community language school was an employer in the social and community services sector and the Award applied to it

FAIR WORK – Section 717(1)(b) – Whether the Notice set out “specified action to remedy the direct effects of the contravention” under s. 716(2)(a) – Whether the Notice set out “brief details” of the contravention under s. 716(3)(c) –Held Notice complied with ss. 716(2)(a) and 716(3)(c) –Where the court found that the First Respondent failed to comply with the notice under s. 716(5)

FAIR WORK – Accessorial liability – Where under s. 716(2)(a) the Inspector may require a person to take specified action “within such reasonable time as is specified in the notice” –  Where an officer of the FWO made an express representation that the First Respondent should not make payments at the time specified in the notice – Where the failure to comply with the Contravention Notice was a continuing contravention – Where the Second Respondent was an intentional participant in the contravention 

MIGRATION– application for review of registrar’s decision – extension of time of 17 days required – where Registrar dismissed the application for judicial review for nonappearance and then dismissed an application for reinstatement – Tribunal found no jurisdiction to review refusal of Business Innovation And Investment (Provisional) (Extension) (Subclass 188) visa – delay and lack of prospects of success of reinstatement application do not warrant an extension of time

HUMAN RIGHTS – Where the applicant was a disabled man who owned an assistance animal as defined under the Disability Discrimination Act – where the applicant was a member of the Respondent – where the Respondent refused to allow the applicant to take his dog on a feral animal shoot for safety reasons – where the applicant asserted that the refusal constituted discrimination under the Act – where no discrimination found – application dismissed.

INDUSTRIAL LAW – Fair work – small claims list –where applicant makes claims relating to breach of written contract, Banking, Finance and Insurance Award 2020 and the Fair Work Act 2009 (Cth) – whether contract was properly terminated pursuant to s 117(1) of the Fair Work Act 2009 (Cth) – whether new employment relationship formed after termination – where applicant failed to establish that he was in a relationship of employment following the lawful termination of his employment contract – no basis to award payment for work allegedly done under contract or the Award – application dismissed

MIGRATION – Judicial Review – Protection visa – Whether the Tribunal failed to afford the applicant procedural fairness – Whether the tribunal unreasonably exercised its power by its failure to make necessary inquiries relevant to the issues in the review – Application dismissed

MIGRATION – Judicial review application – decision of Immigration Assessment Authority – whether Secretary of Minister’s department failed to comply with obligation to provide Immigration Assessment Authority with last email address provided by the applicant for the purposes of receiving documents – whether last email address provided by the applicant provided for the purposes of receiving documents - whether material jurisdictional error. PRACTICE AND PROCEDURE – Application for an extension of time in which to file a judicial review application and an amended judicial review application – factors for consideration – extension of time not opposed by the Minister. WORDS AND PHRASES – “for the purposes of receiving documents”

MIGRATION – Immigration Assessment Authority – Safe Haven Enterprise Visa (Class XE) (subclass 790) – whether the Authority mischaracterised the applicant’s claim – grounds of judicial review have no merit – consideration of country information – application dismissed with costs

MIGRATION – Immigration Assessment Authority - Safe Haven Enterprise (class XE) (Subclass 790) visa – whether the Authority made a jurisdictional error under s 473DC of the Migration Act 1958 (Cth) by not interviewing the applicant – no jurisdictional error made out – application dismissed

MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence or an integer of the applicant’s claims – whether the Tribunal fell into the species of error considered in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 – application succeeds

MIGRATION – Immigration Assessment Authority – affirmed decision not to grant temporary protection (class XD) (subclass 785) visa – extension of time granted – consideration of country information – complaint that the Authority preferred some country information over other– whether the Authority is required to refer to each piece of information which is contrary to its findings – application for judicial review dismissed.

MIGRATION – Student (Class TU) (Subclass 500) visa – application for review of Registrar’s decision – practice and procedure - reinstatement - application for an extension of time to seek review – Rule 21.02(2) - no reasonable prospects of successfully prosecuting substantive application – application dismissed.

MIGRATION – Judicial Review – Subclass 457 Visa – Where applicant did not meet English language requirement – Tribunal had no discretion to waive requirement – No procedural unfairness – Where applicant conceded the Tribunal made no error– Application dismissed – Costs awarded

MIGRATION – application for judicial review of a decision by an officer of the Department – whether the applicant was effectively provided with the notice required under s 501CA(3) of the Migration Act 1958 (Cth) – whether the applicant made representations within the prescribed period – application succeeds

PRACTICE AND PROCEDURE – adjournment - respondent failed to appear at application for default judgment – respondent contacted chambers asserting medical incapacity and requesting adjournment for indeterminate period – no formal application for adjournment – applicant not met with substantive defence – longstanding proceedings – case management considerations - leave granted to proceed with default judgment application

BANKRUPTCY – application under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) for leave to continue proceedings in the District Court of New South Wales – parties – considerations regarding grant of leave – Trustee consent to orders proposed – leave granted

INDUSTRIAL LAW – determination of orders that should be made to give effect to reasons for judgment – whether good cause has been shown for not awarding pre-judgment interest – final order made.

MIGRATION – judicial review – protection visa – when do credibility findings give rise to jurisdictional error – whether there was an evidential basis for the Tribunal’s finding from which it made adverse credit findings – no jurisdictional error disclosed – application dismissed

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA relevantly erred in finding that information was unable to be considered according to s 473DD of the Migration Act 1958 (Cth) – whether the IAA failed to consider material or made a decision affected by illogicality, irrationality or legal unreasonableness – application dismissed

MIGRATION – Application for judicial review – application to extend time for filing – where Applicant previously filed application for review in the Court – where previous application in the Court was dismissed – where Applicant seeks to re-litigate claims that should have been raised earlier – where delay in filing is extensive without sufficient explanation – application to extend the time for filing is refused – application dismissed.

MIGRATION – Persecution – Review of Administrative Appeals Tribunal (“Tribunal”) decision – visa – protection visa – refusal – no matter of principle.

HUMAN RIGHTS – Application for declarations and compensation for alleged sexual harassment – where the court was unable to make findings one way or the other that any pleaded conduct was unwelcome – where onus of proof not discharged by applicant – where application dismissed accordingly.

PRACTICE AND PROCEDURE – Affidavits – whether to allow filing of further affidavits – subpoenas – bias – application of Magna Carta – contempt of court – communications with Chambers – whether to issue order prohibiting communication with Chambers

INDUSTRIAL LAW – Application alleging contravention of general protection – alleged unlawful termination

BANKRUPTCY – Creditor’s Petition for a sequestration order – whether requirements for sequestration order have been established – payment of legal fees which are disputed – whether the defendant is solvent – application for dismissal of Creditors Petition – Where the debtor is able to pay her debts but is unwilling to do so

MIGRATION – review of Registrar’s decision – applicant sought orders seeking to reinstate his application for an extension of time to apply for judicial review – where Tribunal decided it had no jurisdiction to review the delegate’s decision because the application for review to the Tribunal was filed after the 28 day application period – whether grounds for judicial review of the Tribunal’s decision are arguable – no arguable grounds for judicial review disclosed and application dismissed

MIGRATION – Protection (Class XA) visa – judicial review of a decision of the Administrative Appeals Tribunal – jurisdictional fact – requirement of state of satisfaction of jurisdictional fact – illogicality or irrationality in finding of jurisdictional fact – procedural fairness – no jurisdictional error established – application dismissed.

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal failed to apply an active intellectual process – whether the Tribunal failed to sufficiently explain its process of reasoning – jurisdictional error established – writs issued

MIGRATION – judicial review – protection visa – alleged failure to consider a claim – alleged misconstruction of the law – no jurisdictional error – application dismissed

MIGRATION - Student (Temporary) (Class TU) (Subclass 500) visa – enrolment in courses of repetitious nature – whether genuine temporary entrant - no jurisdictional error - application dismissed.

MIGRATION – Cancellation of visitor (tourist) visa – Where visa holder on arrival in Australia stated an intention to seek political asylum – Where visitor visa was cancelled before visa holder cleared immigration – Whether the delegate misunderstood the legal consequences of the cancellation decision in the statutory framework – Where there was a departmental policy as to visa cancellation powers – Whether the delegate failed to assess the visa holder’s compelling need to travel to Australia or the delegate’s application of the policy was legally unreasonable – Whether the delegate notified the visa holder in writing of the grounds for cancelling the visa under s. 119 – Whether a decision was made to cancel the visa in contravention of s. 124 because the visa holder did not have an opportunity to respond to the notice of an intention to cancel the visa – Held that the delegate did not assess whether the visa holder had a compelling need to travel to Australia or the delegate’s reasons as to whether the visa holder had a compelling need to travel to Australia were unreasonable in the legal sense – Error material – Cancellation decision quashed