MIGRATION – protection – application for judicial review of decision by Administrative Appeals Tribunal not to grant Safe Haven Enterprise Visa – where applicant claimed to fear harm as a body builder – nature of claim made by the applicant – whether claim clearly articulated or arose from the materials - whether claim maintained after it had been explained and refined during earlier interview processes – distinction between physical presence as body builder and activities associated with running a gym and training women – where submissions to Tribunal seeks to enliven all previous claims – whether “body builder claim” fell to be considered by Tribunal – whether Tribunal failed to consider claim – no error established

MIGRATION – application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision not to grant the applicant a protection visa – whether the Authority misconstrued s 473DD of the Migration Act 1958 (Cth) – whether the Authority erred by making a finding based on the inconsistency of the information provided by the applicant – whether the Authority misunderstood its task by relying on an omission by the applicant at an entry interview – whether the Authority unreasonably failed to exercise or consider exercising its discretion in s 473DC of the Migration Act 1958 (Cth) to invite the applicant to comment – no jurisdictional error – application dismissed.

MIGRATION – application for judicial review - protection visa – whether interpretation deficiencies constituted reviewable error - onus of proof - application dismissed.

MIGRATION – Administrative law – judicial review – contention that the Tribunal failed to properly construe PIC 4020 and make an express finding that in relation to the incorrect information there was “an element of fraud or deception” –  whether the “no evidence” terminology in PIC 4020(1) applies to both the question of whether the applicant has given or caused to be given the relevant impugned information, as well as to whether the information is false or misleading in a material particular - application dismissed

MIGRATION – protection – application for judicial review of decision of Immigration Assessment Authority – alleged denial of procedural fairness – consideration of the fast track review process – whether Authority required to invite applicant to oral interview or hearing – where no new information before the Authority – where Authority conducted review on the materials before it – no error established

MIGRATION LAW – application for judicial review – decision of the Administrative Appeals Tribunal – partner (temporary) (class UK) visa – where the applicant’s spouse withdrew sponsorship of his application due to domestic violence – Tribunal consideration of whether the applicant met the exceptions contained in clause 820.221(2) or (3) of the Migration Regulations 1994 (Cth) in those circumstances – where the applicant alleges to have met the the exception contained in clause 820.221(3) by application of the presumption of parentage in section 69P(1) of the Family Law Act 1975 (Cth) – finding that the Tribunal did not err in its application of the presumption as it related to the exceptions – no jurisdictional error established – application dismissed with costs.

MIGRATION – application for judicial review – student visa – review of a decision of the Administrative Appeals Tribunal (Tribunal) - whether the applicant could satisfy the ‘genuine temporary entrant’ criterion under cl 500.212(a) of Schedule 2 to the Migration Regulations 1994 (Cth) – whether the Tribunal had a statutory obligation under s 359AA of the Migration Act 1958 (Cth) to give the applicant notice – consideration of factors in Direction 69 –jurisdictional error established.

MIGRATION – Extension of Time Application – Student Visa – Administrative Appeals Tribunal - Whether the applicant was afforded a real and meaningful opportunity to give evidence and present arguments – Whether the applicant was afforded an opportunity to provide further evidence – No jurisdictional error made out - Application dismissed.

MIGRATION – Administrative Appeals Tribunal – Protection Visa (subclass 866) (class XA) cancellation – failure to comply with s 101 Migration Act 1958 (Cth) – s 438 notification certificates – applicant request for access to redacted information – public immunity interest (PII) claim – request refused and PII claim upheld.

CHILD SUPPORT – Amended notice of appeal dismissed – unfounded allegations – proceedings are an abused of process and vexatious – not appropriate to transfer proceedings to the Federal Court of Australia – no jurisdiction under s 44AAA of the Administrative Appeals Tribunal Act 1975 (Cth)

MIGRATION – application for judicial review – matter listed for final hearing – no appearance by or on behalf of the applicant – application dismissed 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 – Judicial Review – Protection Visa – Whether the Administrative Appeal Tribunal decision was affected by bias – Whether the Tribunal findings were illogical, irrational or unreasonable – whether there was a breach of obligations in ss 424A and 424AA- No jurisdictional error established – Application dismissed

INDUSTRIAL LAW – contract of employment – underpayment of wages and superannuation – alleged contravention of Fair Work Act 2009 (Cth) – whether respondent is legal employer of applicants – where respondent company operates through various subsidiaries - consideration of factors relevant to identifying true employer – legal employer and paying entity contrasted – dispute as to date of termination of employment – whether respondent engaged in misleading and deceptive conduct in relation to employment of applicants – promissory estoppel - whether applicants sustained loss and damage – relief not granted

MIGRATION– decision of the Administrative Appeals Tribunal - cancellation of visa - subclass 855 (Skilled-Independent) - non-appearance by or on behalf of the applicant pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

INTELECTUAL PROPERTY  –  Practice and procedure – application for particulars of defence – whether applicant entitled to the particulars sought for the stated purposes – not so entitled – application for an order vacating discovery order made earlier in the proceeding – whether it was appropriate, in the interests of the administration of justice, for the discovery order to have been made – not appropriate – discovery order set aside – application to split liability from quantum – premature to determine whether such order should be made – application to adjourn hearing of application for summary dismissal to the final hearing of the matter – application for adjournment dismissed – application for summary dismissal also dismissed – matter listed for further directions hearing.

MIGRATION – protection visa – protection visa denied – judicial review application –late application for judicial review – extension of time request to undertake judicial review – lengthy delay - no satisfactory explanation for delay –merits of the substantive application very weak -application for an extension of time dismissed.

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – consideration of the genuine temporary entrant criterion – whether Tribunal failed to consider applicant’s evidence – no jurisdictional error established – application dismissed.

MIGRATION – Medical Treatment (Visitor) visa – Administrative Appeals Tribunal –– Judicial Review – application for extension of time to bring judicial review proceedings under s 477(2) of the Migration Act 1958 (Cth) – whether an extension of time is necessary in the interests of the administration of justice – application dismissed.

MIGRATION – Administrative Appeals Tribunal – cancellation of protection visa – whether the Tribunal failed to consider Australia’s non-refoulement obligations in the context of a supposed relocation and mental health issues – whether the Tribunal engaged in impermissible speculation – whether the Tribunal engaged in irrational reasoning.

MIGRATION – application for judicial review – protection visa – whether Tribunal failed to consider integer of claim – jurisdictional error not established – application dismissed.

MIGRATION – application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority failed to consider a relevant consideration – whether the Authority erred in interpreting or applying the law – whether the Authority made a finding which was legally unreasonable or made findings without logically probative material – no jurisdictional error – application dismissed.

MIGRATION – application for judicial review of a decision made by the Immigration Assessment Authority – whether the Authority failed to consider relevant considerations – whether the Authority misinterpreted or misapplied the relevant law – whether the Authority made findings that were unreasonable or without a logically probative basis – no jurisdictional error – application dismissed.

MIGRATION LAW – Where applicant claimed that the decision of the Tribunal was unreasonable – where it was claimed that the Tribunal had failed to have regard to relevant material – where it was claimed that the Tribunal had failed to afford procedural fairness to the applicant – where no jurisdictional error established – application dismissed.

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – where applicant failed to provide evidence of English language proficiency –brevity of hearing – inappropriate to infer proceedings brought for ulterior purpose – no jurisdictional error established – application dismissed

INDUSTRIAL LAW – Contraventions – failure to comply with compliance notice – agreed statement of facts and admissions – agreed penalty – relevant principles concerning agreed penalty – factors for assessment of whether agreed penalty proposed is appropriate.

INTELLECTUAL PROPERTY –  practice and procedure - application for default judgment based on statement of claim alleging infringement of copyright in musical works – whether on the face of the statement of claim the applicant has established an entitlement to relief for infringement of copyright – whether it is appropriate to grant declaratory and injunctive relief – whether it is appropriate to assess damages on the basis of the licence fee that would have been paid to applicant – whether additional damages should be ordered – relief granted.

MIGRATION LAW – application for judicial review –Student visa – whether the Tribunal committed a jurisdictional error in refusing to grant an extension of time for applicant to obtain a confirmation of enrolment – no confirmation of enrolment held at the time of Tribunal hearing – Tribunal’s decision to refuse adjournment has an evident and intelligible basis – no legal unreasonableness – application dismissed with costs

MIGRATION – review of registrar’s decision – summary dismissal – application dismissed

MIGRATION – Application for judicial review – decision of Administrative Appeals Tribunal – citizen of Vietnam – Medical Treatment visa – whether failure to properly consider medical certificate – consideration of cases involving bare medical certificates – whether  unreasonable refusal to adjourn hearing – whether deprived of opportunity to give evidence and present arguments – whether failure to properly consider psychiatric evidence – whether remitter futile in any event – whether relief to be refused in exercise of discretion – whether material jurisdictional error

MIGRATION – Student (Temporary) (Class TU) visa – Administrative Appeals Tribunal – judicial review –jurisdictional error – failure to take into account relevant considerations – whether the Tribunal demonstrated bias –no jurisdictional error established – application dismissed

BANKRUPTCY – application for an extension of time to seek review of a Registrar’s decision – consideration of criteria relevant to extension of time – where applicant for extension failed to file evidence to explain delay – where applicant debtor has not filed statement of affairs or other cogent evidence - where substantive review has no prospect of success – extension of time not granted – Registrar’s sequestration order affirmed

MIGRATION -Whether Immigration Assessment Authority failed to properly apply test in relation to new information – whether decision unreasonable

MIGRATION – decision of the Immigration Assessment Authority – whether the IAA misunderstood or misapplied the “real chance test” – whether the IAA failed to understand what was required of it when assessing the applicant’s credibility – whether the IAA erred in its assessment of evidence and country information – whether the IAA erred by unreasonably refusing to allow the applicant’s representative a further opportunity to provide revised submissions in accordance with the relevant Practice Direction – jurisdictional error established – writs issued.

MIGRATION – application for judicial review of a decision made by the Immigration Assessment Authority affirming a decision not to grant the applicant a protection visa – whether the Authority failed to undertake its task or denied the applicant procedural fairness by failing to raise critical matters – whether the Authority denied the applicant procedural fairness or made an error of law by not inviting the applicant to an interview – where applicant asserts that he could not properly give evidence due to medical conditions – no jurisdictional error – application dismissed.

PRACTICE & PROCEDURE –Non-compliance with Orders – where Rule 13.04 and 13.05 are enlivened – where applicant applies for Adjournment – where respondent applies for dismissal of the action – where it is possible that the actions of the applicant may be seen as unreasonable – where an order for security for costs is warranted if an adjournment was granted

INDUSTRIAL LAW  – Fair Work – where applicant dismissed from employment following lengthy absence due to workplace injury – where applicant employed in specialist nurse practitioner role – where applicant alleged dismissal adverse action was taken because she exercised workplace rights within the meaning of s 341 of the Fair Work Act 2009 (Cth) – identification of decision makers – where not all decision makers gave direct testimony – whether respondent able to discharge statutory reverse onus – finding that respondent contravened s 340(1) of the Fair Work Act – whether respondent breached obligations under the applicable Enterprise Agreement – whether respondent failed to assist the applicant to remain at work or return to work in suitable employment – no breach of Enterprise Agreement established – matter adjourned for hearing on penalty and relief

MIGRATION – protection visa – where applicants failed to attend – application dismissed.

MIGRATION – Judicial Review - Protection Visa – Procedural fairness – Impermissible merits review – Whether applicant was on notice that credibility was in issue before the Tribunal - Where applicant self-represented – Where applicant did not provide oral or written submissions as to the grounds of review – Where applicant did not appear to be aware of the grounds of review until the hearing - Application dismissed

MIGRATION – Judicial Review – student visa – Direction No. 69 – whether applicant was a genuine temporary entrant – failure to respond to s 359(2) invitation within prescribed time limit due to agent error – infelicities of expression by Tribunal – jurisdictional error not established – application dismissed

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – whether denial of adjournment unreasonable – whether the Tribunal denied the applicant procedural fairness – no jurisdictional error established – application dismissed.

INDUSTRIAL LAW – FAIR WORK – applicant seeks penalties and costs – contraventions of ss 502 and 503(1) of the Fair Work Act 2009 (Cth) found by liability judge – single course of conduct – contraveners responsible for right of entry – lack of contrition – penalties imposed – declarations appropriate – not unreasonable to reject offer - no order as to costs

INDUSTRIAL LAW – practice and procedure – application for leave to file an amended points of claim – whether the proposed amended points of claim states a case based on contravention of s 62 of the Fair Work Act 2009 (Cth) – whether the proposed amended points of claim is sufficiently particularised – whether the applicant has provided all particulars she is capable of providing in support of the proposed amended points of claim – proposed amended points of claim states arguable case assuming it has stated all necessary material facts and particulars – applicant has not, however, shown she has alleged all material facts provided all particulars of which she is capable of making or providing – application for leave to file amended points of claim refused.

FAIR WORK – failure to comply with Compliance Notice – accessorial liability of business owner – penalties – order permitting portion of penalty paid by primary contravenor to be remitted to former employee

MIGRATION – whether time ought to be extended in respect of an application for review of a summary dismissal decision made by a Registrar – relevant considerations – where the substantive application had no reasonable prospect of success – application dismissed

MIGRATION— Judicial Review – student visa (Subclass 500) – citizen of India – matter listed for extension of time hearing—dismissal of adjournment application – dismissal of extension of time application

MIGRATION – Visitor (Tourist) (Class FA) (subclass 600) visa –– Administrative Appeals Tribunal –– judicial review –– no jurisdictional error –– futility –– application dismissed.

MIGRATION – Student (Temporary) (Class TU) visa– Administrative Appeals Tribunal –– judicial review – whether the Tribunal fell into jurisdictional error –– no jurisdictional error –– application dismissed.

BANKRUPTCY – sequestration order annulled

FAIR WORK - alleged contraventions of general protections provisions of the Fair Work Act 2009 (Cth) – circumstances of global COVID-19 pandemic and State Government-introduced public health directions and orders – where Applicant was a registered nurse in residential aged care facility of the Respondent – directed to produce evidence of COVID-19 vaccination or authorised medical exemption – took long service leave and continued to assess whether to take the vaccine – ultimately dismissed by reason of inability to perform inherent requirements of the role on capacity grounds – where not established that adverse action was taken for a prohibited reason – where not established that action was taken or threatened with intent to coerce – application is dismissed.

FAIR WORK – alleged contraventions of general protections provisions of the Fair Work Act 2009 (Cth) – circumstances of global COVID-19 pandemic and State Government-introduced public health directions and orders – where Applicant was a registered nurse in acute ward administering urgent care to patients of the Respondent – directed to produce evidence of COVID-19 vaccination or authorised medical exemption – not rostered and took leave pending compliance with direction – dismissed by reason of inability to perform inherent requirements of the role on capacity grounds – where not established that adverse action was taken for a prohibited reason – where not established that action was taken or threatened with intent to coerce – application is dismissed.