essment Authority – whether applicant denied procedural fairness – where files relating to previous visa applications not before Authority – whether applicants claims for protection properly considered – consideration of fast track review process – no error found

MIGRATION – Whether the Tribunal failed to evaluate and consider a report purporting to constitute new country information – where report irrelevant to considerations - where no jurisdictional error established – where application dismissed.

MIGRATION – application for review of decision made by Registrar to summarily dismiss judicial review application – where Tribunal found that it did not have jurisdiction to conduct review – where application for review made out of time – where no adequate explanation for delay – where there is no reasonable prospect of success of judicial review application – extension of time refused with costs

MIGRATION – Application for judicial review – decision of Immigration Assessment Authority – citizen of Pakistan – Pashto ethnicity – whether failure to have regard to new information – date of publication of decision of Administrative Appeals Tribunal in another matter – whether Administrative Appeals Tribunal decision made before decision of delegate – consistency in administrative decision-making – whether unreasonableness or illogicality or irrationality – whether material jurisdictional error

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

MIGRATION – Student visa – Impermissible merits review – Unparticularised grounds – Application dismissed

MIGRATION– Judicial review – decision not to grant a Protection (Class XA) (subclass 866) visa – unparticularised assertions that the Tribunal considered irrelevant and inaccurate information -unparticularised grounds of review- litigant in person - no jurisdictional error disclosed-application dismissed

MIGRATION – Judicial review application – decision of Immigration Assessment Authority – citizen of Pakistan of Pashtun ethnicity – whether Authority constructively failed to carry out statutory task to review decision of a delegate by reason of failure to consider important evidence within the review material – whether documents comprised part of the review material – whether documents considered – whether documents significant or consequential in relation to Immigration Assessment Authority decision – whether any failure to consider documents material – whether material jurisdictional error.

MIGRATION – protection (subclass 866) visa – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – no appearance by the applicant at the Tribunal hearing – judicial review – where applicant gave notice that he would not attend the Tribunal hearing – whether the Tribunal unreasonably made a decision on the review pursuant to s 426A(1A)(a) of the Migration Act 1958 (Cth) – Tribunal arrived at an intelligible decision-making process – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – whether the Tribunal failed to consider, or give requisite consideration to, evidence that was before it – whether the Tribunal engaged in irrational or illogical reasoning – application dismissed

MIGRATION – application for review of decision made by registrar – where registrar summarily dismissed application for judicial review of decision of Administrative Appeals Tribunal – de novo hearing – whether applicant has no reasonable prospect of successfully prosecuting proceeding – application dismissed

INDUSTRIAL LAW – application for leave under r 9.04 – director and second respondent proposes to represent corporation – purposes of representation – application dismissed

MIGRATION – practice and procedure – application for review of a judicial registrar’s orders summarily dismissing an application for judicial review of a decision made by the Administrative Appeals Tribunal – application for review dismissed – judicial registrar’s decision affirmed.

MIGRATION – Application for review of Registrar decision summarily dismissing application – where application for review made out of time – time not extended and application dismissed

MIGRATION – Review of decision by Registrar summarily dismissing judicial review application – application made out of time – extension of time refused

MIGRATION – Judicial review application – Immigration Assessment Authority decision – citizen of Pakistan – whether failure to exercise jurisdiction – whether assessment of real chance of persecution in the reasonably foreseeable future – whether material jurisdictional error – writs issued

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to understand the meaning and effect of s 36(2A) of the Act – whether the Tribunal considered the applicant’s protection claims “erroneously and narrowly” – whether the Tribunal’s decision and credibility findings were illogical, irrational or unreasonable – whether the Tribunal failed to “investigate” the applicant’s protection claims – whether the Tribunal failed to comply with s 424A of the Act – whether the Tribunal failed to afford the applicant procedural fairness – whether the Tribunal erred by failing to consider the “changed situation” in Malaysia – no jurisdictional error – application dismissed.

MIGRATION – Protection visa – Application for an extension of time to commence judicial review proceeding – Where the Tribunal sent communications about its hearing to Applicant’s last provided email address in compliance with its statutory obligations – Where the Applicant failed to attend at the hearing before the Tribunal on the scheduled date – Where the Applicant filed the judicial review application some 393 days out of time – Where the underlying application has little or no prospects of success – Application for extension of time dismissed

 MIGRATION – application for judicial review of a decision made by the Administrative Appeals Tribunal – whether the Tribunal misconstrued reg 1.11A of the Migration Regulations 1994 (Cth) and asked itself the wrong question – no jurisdictional error – application dismissed

BANKRUPTCY – where the applicant failed to comply with Orders of the Court - where the proceeding has become stagnant – application dismissed.

INDUSTRIAL LAW – Admitted contraventions – imposition of pecuniary penalties – factors considered – penalties proposed by Applicant excessive – penalties imposed on the Respondents.

INDUSTRIAL LAW – Admitted contraventions – First Respondent in liquidation – imposition of pecuniary penalties on Second Respondent – factors considered – penalties imposed.

MIGRATION LAW – Judicial Review – Protection visa – where Tribunal’s decision does not disclose any breach of s 424A or s 424AA of the Migration Act – where the Tribunal does not contravene s 425 – where the Tribunal’s decision is not irrational or illogical – application dismissed

MIGRATION – Review of registrar’s decision – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed

BANKRUPTCY – where the applicant failed to comply with Orders of the Court - where the proceeding has become stagnant – application dismissed.

INDUSTRIAL LAW – Admitted contraventions – imposition of pecuniary penalties – factors considered – penalties proposed by Applicant excessive – penalties imposed on the Respondents.

INDUSTRIAL LAW – Admitted contraventions – First Respondent in liquidation – imposition of pecuniary penalties on Second Respondent – factors considered – penalties imposed.

MIGRATION LAW – Judicial Review – Protection visa – where Tribunal’s decision does not disclose any breach of s 424A or s 424AA of the Migration Act – where the Tribunal does not contravene s 425 – where the Tribunal’s decision is not irrational or illogical – application dismissed

MIGRATION – Review of registrar’s decision – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed

PRACTICE AND PROCEDURE – Application in a proceeding to set aside Registrar’s orders for substituted service of a bankruptcy notice on alleged debtor – where substituted service order obtained ex parte – whether solicitors for the Applicants complied with disclosure obligations on an ex parte application.

PRACTICE AND PROCEDURE – Application in a proceeding to set aside Registrar’s orders for substituted service of a bankruptcy notice on alleged debtor – where respondent’s location disclosed in affidavit filed in bankruptcy proceedings in the Federal Court to which the respondent was not a party – whether address for service obtained and used by applicants’ solicitor in breach of Harman undertaking – whether disclosed information filed pursuant to an obligation of compulsion.

BANKRUPTCY – Creditors petition application – application in a proceeding to set aside Registrar’s orders for substituted service of a bankruptcy notice on alleged debtor.

WORDS AND PHRASES – “must”  

PRACTICE AND PROCEDURE – Pleading – embarrassing pleading – failure to disclose reasonable cause of action – failure to plead component elements of cause of action.

INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – General protections – workplace rights – requirement to identify source of ability to complaint or inquire – requirement to identify nature and source of benefit, role or responsibility imposed by workplace law or instrument

FAIR WORK – where the applicant failed to comply with Orders of the Court – application dismissed.

MIGRATION – protection (subclass 866) visa – where application to the (then) Administrative Appeals Tribunal to review delegate’s decision was made outside the time prescribed – where Tribunal found it had no jurisdiction – applicant’s judicial review application summarily dismissed by Registrar – application for review of Registrar’s decision – where application for review was made outside the time prescribed – whether the applicant was notified of the time frame to lodge an application to the Tribunal – whether the delegate’s notification letter was defective – where there is no acceptable explanation for the delay – where the judicial review grounds have no reasonable prospects of success – where application for review of Registrar’s decision has no reasonable prospects of success – application to extend the time prescribed to apply for a review of the Registrar’s decision refused

MIGRATION – reinstatement application – application for review of a Registrar’s decision – whether reasonable explanation for non-attendance – prejudice – no arguable case – application dismissed.

PRACTICE & PROCEDURE – default, undue delay and improper conduct – overarching purpose of the Court’s civil practice and procedure provisions – order for costs against lawyer – referral to Victorian Legal Services Board and Commissioner.

MIGRATION LAW – application for extension of time – decision of delegate of Minister for Immigration – safe haven enterprise (XE-790) visa – where the application was filed 1 year and 11 months out of time – consideration of whether it is in the interests of justice to grant the extension of time – where applicant claims to have not been aware of the Immigration Assessment Authority decision – where numerous attempts had been made by the delegate to arrange a Safe Haven Enterprise Visa interview with the applicant to no avail – application dismissed with costs.

FAIR WORK - penalty judgment– where the respondent contravened s 45 of the Fair Work Act 2009 (Cth) – no loss or damage occasioned to the applicant – need to ensure - necessary to ensure specific and general deterrence – assessment of penalty.

PRACTICE AND PROCEDURE – application in a proceeding seeking the adjournment of a hearing date to enable the applicant to obtain legal representation – where the applicant took steps to obtain legal representation in a timely manner after being notified of the listing for hearing – where the applicant engaged a lawyer who then had to go overseas for personal reasons – adjournment granted.

INDUSTRIAL LAW – Where applicant alleged adverse action taken for a prohibited reason – where adverse action conceded – whether first respondent was involved in a contravention of the Fair Work Act – whether the second respondent was knowingly concerned in or a party to a contravention of the Fair Work Act – where the claim against the first respondent had been established – where the claim against the second respondent had not been established – orders accordingly.

FAIR WORK - penalty judgment– where the respondent contravened s 45 of the Fair Work Act 2009 (Cth) – no loss or damage occasioned to the applicant – need to ensure - necessary to ensure specific and general deterrence – assessment of penalty.

MIGRATION – Judicial Review – Where applicant was granted a refugee permit and permanent residence in third country prior to seeking protection in Australia – Where Administrative Appeals Tribunal (Tribunal) found that Australia did not have protection obligations by operation of s 36(3) – Where Tribunal considered incorrect test as to the meaning of s 36(3) – Error but not materiality conceded by Minister - Where possible that had Tribunal engaged with correct test outcome could have been different – Materiality established – writs issued

MIGRATION – Temporary Business Entry visas – decision of the then Administrative Appeals Tribunal – whether the Tribunal fell into jurisdictional error by making a finding contrary to a “concession” made by the Department – whether the applicants were denied an opportunity to address the Tribunal in that regard and thereby denied procedural fairness – jurisdictional error established – writs issued.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to assess a protection claim or an integer of a claim – whether the Tribunal should have investigated the applicant’s protection claims for itself – whether the Tribunal’s approach to credibility was “unreasonable” – whether the applicant was denied procedural fairness – whether the Tribunal relied on incorrect information or decided using facts from another case – whether the Tribunal failed to comply with the mandatory requirement under s 424A of the Migration Act 1958 (Cth) (read with s 424AA of the Act) to give the applicant particulars of information it considered would be part of the reason for affirming the decision under review – no jurisdictional error – application dismissed.

MIGRATION – application for judicial review – protection visa – whether well-founded fear of harm – complementary protection – whether Tribunal considered applicant’s child in context of claims – application dismissed.

MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – whether the IAA failed to give adequate consideration to material before it – whether the IAA decision was legally unreasonable – no jurisdictional error established – application dismissed

MIGRATION – Judicial review application – citizen of Pakistan – decision of the Immigration Assessment authority – refusal of Safe Haven Enterprise visa – where admitted breach by Secretary of the Minister’s department of requirement to provide to the Immigration Assessment Authority material provided to the Delegate of the Minister prior to the Delegate making a decision – whether material not provided to the Immigration Assessment Authority was new information – whether failure to exercise discretion to rectify breach by considering material not provided was unreasonable – whether material jurisdictional error

MIGRATION – protection visa – application for judicial review of a decision of the Administrative Appeals Tribunal – where applicant claimed fear of harm due to knowledge of corruption within the ranks of Sepah – where applicant provided further statutory declaration in response to request from delegate – where Tribunal made no reference in its statement of reasons to the statutory declaration – whether proper inference that Tribunal failed to consider the statutory declaration – where statutory declaration involved a restatement of information contained in an earlier statutory declaration – no jurisdictional error – application dismissed with costs in fixed amount

MIGRATION – costs – application for costs fixed in an amount above scale – fixed costs order made

MIGRATION – Student visa – decision of the Administrative Appeals Tribunal –– whether Administrative Appeals tribunal breached s 359A or s 359AA of the Migration Act – whether obligation to put information to applicant – whether Tribunal could rely upon common knowledge or common sense – irrationality – no jurisdictional error established – 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 – where Tribunal mistakenly considered policy as a mandatory consideration – material error established – application allowed with costs.

MIGRATION – Costs judgment.