MIGRATION – judicial review – extension of time application – partially satisfactory explanation for 24 day delay – no merit in grounds of review - extension of time refused – costs ordered

PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to his judicial review application – 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)

INDUSTRIAL LAW – Fair Work – failure to comply with compliance notice – where default judgment entered – application for pecuniary penalties against employer and manager – penalties ordered

INDUSTRIAL LAW – application for declarations and orders due to failure to cleave to compliance notice and in failing to make payment in full for the performance of work  – application to proceed undefended – default by first and second respondents – orders on default by respondents

MIGRATION – Injunctive Relief – Urgent applicant - where applicant’s student visa cancelled at Australian border – where Minister sought to remove applicant imminently – where applicant’s proposed grounds of judicial review lack sufficient merit – where applicant can pursue judicial review application offshore – application for injunction dismissed

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL – applicant self-represented – oral application to adjourn the hearing not allowed – whether the Tribunal erred in making adverse credibility findings – whether the Tribunal’s findings are illogical or unreasonable – no jurisdictional error established – amended application dismissed with costs

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal correctly found that it lacked jurisdiction in the matter – whether the applicant was validly notified of the Delegate’s decision – Sandor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 434 – application succeeds

MIGRATION – Partner visa – decision of the Administrative Appeals Tribunal – whether the Tribunal decision was affected by apprehended bias – whether the Tribunal relied on findings in a previous decision – whether the Tribunal failed to consider evidence – whether the Tribunal failed to apply an active intellectual process –jurisdictional error established – writs issued

MIGRATION – Partner Visa – Where Tribunal found there were no compelling reasons to not apply the Schedule 3 criteria – Incorrect definition of ‘compelling reasons’ – Failure to give proper and genuine consideration – no error established – application dismissed

MIGRATION – Protection (subclass 866) – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – no appearance by the applicant at the Tribunal hearing – applicant appeared after the scheduled hearing time before the Tribunal – judicial review – whether the Tribunal unreasonably made a decision on the review pursuant to s 426A(1A)(a) of the Migration Act 1958 (Cth) – whether Tribunal failed to consider alternate methods of conducting the review – Tribunal arrived at an intelligible decision-making process – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

MIGRATION – Student (subclass 573) visa – decision of the (then) Administrative Appeals Tribunal – no appearance by or on behalf of the applicant – oral application to dismiss pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – application dismissed with costs

MIGRATION – REVIEW OF ADMINISTRATIVE REVIEW TRIBUNAL – applicant self-represented – whether Tribunal erred in applying country information – whether Tribunal erred in failing to accept findings previously made – whether Tribunal erred in considering the applicant’s claim to experience harm as a result of her sexual identity – no jurisdictional error found – application dismissed with costs

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE REVIEW TRIBUNAL – protection visa – applicant self-represented – whether Tribunal misconstrued significant harm – whether Tribunal failed to investigate the applicant’s claims – no jurisdictional error established – application dismissed with costs

MIGRATION – REVIEW OF ADMINISTRATIVE REVIEW TRIBUNAL – protection visa – applicant self-represented – whether Tribunal misconstrued significant harm – whether Tribunal failed to investigate the applicant’s claims – whether the Tribunal denied the applicant procedural fairness – no jurisdictional error established – application dismissed with costs

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE REVIEW TRIBUNAL – where applicant absent from the hearing – application dismissed pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 – applicant ordered to pay the first respondent’s fixed costs

MIGRATION – REVIEW OF ADMINISTRATIVE REVIEW TRIBUNAL – where applicant absent from the hearing – application dismissed pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 – applicant ordered to pay the first respondent’s fixed costs

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL – applicant self-represented – whether the Tribunal denied the applicant procedural fairness – no jurisdictional error established – application dismissed with costs

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE REVIEW TRIBUNAL – applicant self-represented – whether a denial of procedural fairness – whether the applicant made a claim relating to her mental health – whether the Tribunal had any duty to inquire – no jurisdictional error established – application dismissed with costs

FAIR WORK – Application for costs – Respondent seeks indemnity costs – Whether Application was filed without reasonable cause – Consideration of conduct of the Applicant – Whether indemnity costs as sought is appropriate – Applicant to pay costs in a fixed sum

MIGRATION – judicial review of Administrative Appeals Tribunal (Tribunal) decision – protection visa – whether the Tribunal erred into taking account relevant considerations – no jurisdictional error established – application dismissed.

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

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.