MIGRATION – Extension of time in which to commence s 476 Migration Act review – foreshadowed challenge to rationally based credit findings of the Tribunal cannot succeed – not in the interests of justice to extend time – application to do so dismissed

CONSTITUTION – Exercise of delegated power by Registrar – nature of de novo review

MIGRATION – Registrar’s decision affirmed and review dismissed as no arguable case for extension of time

MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for judicial review – Whether wrong legal test applied – Correct criteria applied – Whether unreasonable finding of effective state protection – Finding of effective state protection open on country information - Decision not legally unreasonable – No jurisdictional error found – Application for judicial review dismissed – Costs ordered.

MIGRATION – application for judicial review of a decision of the Immigration Assessment Authority (“IAA”) – whether the IAA’s decision was legally unreasonable –whether the IAA failed to consider relevant considerations or claims – application dismissed

MIGRATION – application for an extension of time – decision made by the Immigration Assessment Authority – protection visa – whether the underlying application for judicial review has merit – whether the Authority’s decision was unreasonable – underlying application has limited prospects of success – extension of time refused. 

CONSUMER LAW – Application for orders under s 123 of the Personal Property Securities Act 2009 (Cth) to seize the vehicle from the premises of a non-party – Costs.

MIGRATION – application for Protection (Class XA) (Subclass 866) visa – Administrative Appeals Tribunal not satisfied that applicant is a person to whom Australia owes protection obligations as outlined in ss 36(2)(a) or (aa) – 
delegate’s decision to refuse the grant of the visa affirmed – whether Tribunal’s decision was affected by jurisdictional error – no jurisdictional error established – application dismissed. 

MIGRATION – application for Student (Temporary) (Class TU) (Subclass 500) visa – summary dismissal of application dismissed by a registrar – application for judicial review – whether Administrative Appeals Tribunal erred in decision to refuse adjournment of hearing – applicant failed to satisfy cl 500.215 of the Regulations – no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – where the Tribunal was legally unreasonable in proceeding to a decision, in circumstances where it had formed the view (and expressly stated) that the scientific information before it was probative, being that an SNP test yielded more accurate results than an autosomal DNA test, without first considering (a) whether or not to exercise its power under 
s 359 to invite the applicant to provide information, being the results of an SNP test; (b) whether or not to exercise its power under s 363(1)(b) to adjourn the review to enable the applicant to undertake an SNP test and provide the results to the Tribunal; or (c) if it had (impliedly) considered whether to exercise either of these powers and decided not to do so, its reasons lacked an evident and intelligible justification – legal unreasonableness established – application allowed.

MIGRATION – Whether Immigration Assessment Authority erred by not being satisfied the applicant would be at risk of serious harm – Whether assessment to consider new information properly made. 

PRACTICE AND PROCEDURE – application to restrain legal practitioners from acting for the applicant – where a former solicitor from the applicant’s representative firm had previously worked for the respondents – whether the applicant has an unfair forensic advantage – interlocutory application dismissed. 

MIGRATION – judicial review of decisions of Administrative Review Tribunal - request by applicant to Tribunal to make decision on papers without holding hearing - applicant then failed to appear at hearing – decision of Tribunal dismissing application for non-appearance – whether Tribunal erred in exercising procedural power to dismiss application for non-appearance rather than procedural power to make decision on papers without holding hearing – application dismissed.

MIGRATION – judicial review – decision of Tribunal dismissing application for non-appearance at hearing – applicant failed to exercise statutory remedy of applying to Tribunal for reinstatement – whether Court could refuse relief on discretionary grounds because applicant failed to exercise alternative statutory remedy.

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant Medical Treatment (Visitor) (class UB) Medical Treatment (subclass 602) visa – whether Tribunal afforded applicant procedural fairness – whether Tribunal had jurisdiction - no jurisdictional error established – application dismissed.   

MIGRATION- Student visa – judicial review of decision of Administrative Appeals Tribunal - whether telephone hearing was procedurally unfair - whether relevant considerations taken into account by Tribunal – whether decision legally unreasonable - whether bias demonstrated by Tribunal including by making a quick decision – application dismissed.  

MIGRATION – Immigration Assessment Authority – Safe Haven Enterprise visa – whether the Authority failed to consider a claim – whether the Authority was unreasonable or illogical – whether the Authority misunderstood or misapplied s.473DD(b)(ii) of the Migration Act 1958 regarding credible personal information.

MIGRATION – judicial review – decision of the Administrative Appeals Tribunal (the Tribunal) – Medical Treatment (Visitor) (Class UB) (subclass 602) visa application – whether the applicant was a genuine temporary entrant for the purposes of medical treatment– whether the Tribunal failed to have regard to medical documents before it – whether the Tribunal incorrectly had regard to applicant’s visa application history – no jurisdictional error on behalf of the Tribunal established – application dismissed. 

MIGRATION – protection visa – decision of the Administrative Review Tribunal – application for review of a Registrar’s decision – no appearance by or on behalf of the applicant – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth). 

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant Training (class GF) Training (subclass 407) visa – whether Tribunal provided detailed reasons of the genuine position assessment of the second training visa - no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa –Tribunal found applicant provided bogus document to Department, applicant was aware document was bogus at time it was issued and there was element of fraud by applicant – whether Tribunal failed to properly consider applicant’s circumstances – whether Tribunal failed to properly consider power to waive PIC 4020(1) – application dismissed. 

MIGRATION: Student visa - decision of Administrative Appeals Tribunal – whether the Tribunal correctly applied criterion requiring applicant to demonstrate English language proficiency – whether an adjournment should have been granted – application dismissed.  

MIGRATION – extension of time – applicant filed 1 day out of time – Subclass 573 Higher Education Sector visa – where Administrative Appeal Tribunal affirmed the decision of the first respondent to cancel the applicant’s visa – whether the Tribunal failed to accord the applicant procedural fairness – where grounds largely unparticularised – found no unreasonableness, irrationality or illogicality in the Tribunal’s decision  – found grounds of substantive application not reasonably arguable – found it not in the interests of the administration of justice that there be an extension of time – application dismissed. 

MIGRATION LAW – whether the Tribunal conducted a proper hearing – whether the Tribunal failed to consider the applicant’s claims – whether the applicant was denied procedural fairness – no jurisdictional error established – application dismissed. 

INDUSTRIAL LAW – where respondent showed no contrition or regret for her contravention of the provisions of the Fair Work Act – where general deterrence principles required to be applied in the handing down of pecuniary penalty orders – where appropriate orders made. 

MIGRATION – extension of time application – applicant filed 1 day out of time – Student (Temporary) (class TU) Student (subclass 500) visa – where Administrative Appeal Tribunal affirmed the decision of the first respondent to refuse to grant the applicant the visa – whether the applicant had complied with cl 500.211 of the Migration Regulations 1994 (Cth) – where applicant was not enrolled in a registered course of study at the relevant time – whether the Tribunal failed to consider the personal circumstances and financial hardship of the applicant – founds grounds not reasonably arguable – application dismissed. 

MIGRATION – application for judicial review – Student (Temporary) (Class TU) (Subclass 500) visa – where Tribunal found no evidence before it that the applicant was enrolled in a course of study and concluded that cl 500.211 of sch 2 of the Migration Regulations 1994 (Cth) was not met – consideration of oral application for adjournment – adjournment request denied – found no jurisdictional error – application dismissed. 

MIGRATION – extension of time – applicant filed 1 day out of time – Subclass 573 Higher Education Sector visa – where Administrative Appeal Tribunal affirmed the decision of the first respondent to cancel the applicant’s visa – whether the Tribunal failed to accord the applicant procedural fairness – where grounds largely unparticularised – found no unreasonableness, irrationality or illogicality in the Tribunal’s decision  – found grounds of substantive application not reasonably arguable – found it not in the interests of the administration of justice that there be an extension of time – application dismissed. 

HUMAN RIGHTS - Disability discrimination – whether in terminating an employee’s employment the employer unlawfully discriminated against employee because of a disability the employer imputed to the employee – whether in terminating the employee’s employment to whom the employer imputed a disability the employer failed to make reasonable adjustments for the employee – unlawful discrimination not established. 

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal failed to give weight to evidence – whether Tribunal acted unreasonably - where non-disclosure certificate under s 438 was invalid - no jurisdictional error established – application dismissed.    

INDUSTRIAL LAW – application for summary dismissal – where applicant alleges unlawful termination of employment in breach of s 772 of the Fair Work Act 2009 (Cth) – where the applicant previously applied to the Fair Work Commission for an unfair dismissal remedy – where no certificate issued by the Fair Work Commission – whether the applicant is precluded from making an unlawful termination application by operation of s 723 – whether the Court has jurisdiction – found the Court has no jurisdiction – where parties entered into a deed of release – whether deed bar to proceeding – found claims under the originating application have no reasonable prospects of success – application dismissed. 

MIGRATION – application for judicial review – Safe Haven Enterprise (Subclass 790) visa) – where Immigration Assessment Authority affirmed the decision of the first respondent that the applicant is not a person in respect of whom Australia has protection obligations – whether the Authority failed to take into account relevant considerations – where singular ground unparticularised – found no jurisdictional error – application dismissed. 

MIGRATION – application for review of Registrar’s decision – hearing de novo of applicant’s application for reinstatement of their substantive application for judicial review – where applicant’s substantive application dismissed for non-appearance at callover hearing – where applicant’s reinstatement application dismissed by Registrar – where applicant applied for judicial review of decision of Administrative Appeals Tribunal – Student (Temporary) (Class TU) (Subclass 500) visa – where Tribunal affirmed decision of first respondent that applicant did not meet cl 500.311 of sch 2 of the Migration Regulations 1994 (Cth) as applicant was not a “member of the family unit” of a person who held the visa – found no reasonable excuse for the applicant’s non-appearance at callover hearing – found grounds of substantive application had no reasonable prospects of success – application dismissed. 

MIGRATION – application for review of Registrar’s decision – hearing de novo of first respondent’s application for summary judgment – where applicant applied for judicial review of decision of Administrative Appeals Tribunal – where Registrar made judgment for the first respondent against the applicants and dismissed the substantive application – where review of Registrar’s decision filed seven days out of time – where Tribunal found it did not have jurisdiction to conduct review – well settled that the Tribunal has no power to extend the time period for the lodging of an application for review before it – where applicants sought judicial review of Delegate’s decision – found this Court has no jurisdiction to review a “primary decision” as defined in s 476(4)(b) of the Migration Act 1958 (Cth) – where the Tribunal correctly found that it did not have jurisdiction to conduct the review – application dismissed. 

MIGRATION – application for review of a Registrar’s decision – hearing de novo of applicant’s application for reinstatement of their substantive application for an extension of time in which to seek judicial review of decision of the Administrative Appeals Tribunal – where applicant’s substantive application dismissed for non-appearance – where applicant’s reinstatement application dismissed by Registrar – applicant’s substantive application filed 455 days out of time – found grounds of substantive application not reasonably arguable – application dismissed. 

MIGRATION – protection visa – fear of harm on account of political opinion – whether Tribunal failed to consider claims and evidence – whether Tribunal properly applied the ‘real chance’ test in s 5J of the Migration Act 1958 (Cth) – whether Tribunal properly considered DFAT Country Information Report – whether Tribunal’s decision not to obtain evidence from the applicant’s witness gave rise to error – legal unreasonableness and the exercise of a discretionary power – jurisdictional error established – application allowed. 

INDUSTRIAL LAW – FAIR WORK – parties by consent seek a declaration of the respondent’s contraventions of the Fair Work Act 2009 (Cth) (‘FW Act’) – where the respondent concedes failure to comply with compliance notice issued under FW Act – parties jointly seek imposition of penalties within an agreed range – consideration of appropriate level of penalty to be imposed – declaration of contraventions and penalty orders made. 

MIGRATION – application for review of a Registrar’s decision – regional employer nomination visa – applicant did not have an approved nomination – finding that there are no reasonable prospects of success in the substantive application – application for review dismissed with costs. 

FAIR WORK – assessment of pecuniary penalties, costs and interest following default judgment – declaration of contravention of civil remedy provisions of the Fair Work Act 2009 (Cth) made previously – respondent did not participate in proceedings – orders made. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – no point of principle – application dismissed. 

MIGRATION – application for judicial review – safe haven enterprise (class XE) (subclass 790) visa – decision of the Immigration Assessment Authority (‘Authority’) – where the applicant claims that the Authority failed to consider relevant country information – where the applicant claims that the Authority did not consider the applicant’s submissions regarding the cyclical nature of violence in the applicant’s receiving state – consideration of whether the Authority considered relevant country information – consideration of whether the claim relating to the nature of the violence in the applicant’s receiving state was considered by the Authority to any extent necessary – finding that the Authority did not consider all relevant evidence – finding that the applicant’s claim regarding the nature of the violence ought to have been considered  – writs issued. 

MIGRATION – application for judicial review – decision of the Administrative Appeals Tribunal – Employer Nomination (Permanent) (Subclass 186) visa – where the applicant did not have an approved nomination – application dismissed with costs.

MIGRATION – application for review of a registrar’s decision to dismiss the proceeding – protection visa – whether the applicant has reasonable prospects of successfully prosecuting the proceeding – where the Administrative Appeals Tribunal dismissed the application for non-appearance – application for review of a registrar’s decision dismissed – orders of the judicial registrar affirmed. 

MIGRATION – application for judicial review of a decision of the Immigration Assessment Authority (“IAA”) – where the IAA declined to consider a sizable country information report due to a mistaken understanding that it was precluded from doing so by s 473DD of the Migration Act 1958 (Cth) – materiality – writs issued.

MIGRATION – application for extension of time – partner (temporary) (class UK) visa – where the applicant’s application to the Tribunal was made out of time– where the applicant claims that her former representative failed to notify her of the visa refusal – consideration of whether the Department complied with its obligations under section 66 of the Migration Act 1958 (Cth) by notifying the applicant via their nominated email address – no jurisdictional error established – application dismissed with costs. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visas – whether failure of Tribunal to disclose invalid certificate to applicant involved denial of procedural fairness – whether Tribunal failed to deal with claims raised by applicant – whether Tribunal erred in application of real chance test. 

MIGRATION – regional employer nomination visa – application for review of a summary dismissal decision made by a Registrar taken to have been filed 6 days outside of proscribed timeframe – consideration of factors relevant to exercise of the discretion to allow further time for filing – application devoid of merit – application refused with costs.

INDUSTRIAL LAW – FAIR WORK – application for relief following declarations of admitted contraventions of s.716(5) for failure to comply with a statutory compliance notice and s.536 for failure to issue pay slips within one working day of payment – consideration of relevant factors – orders to remedy effect of non-compliance with interest and pay pecuniary penalties. 

MIGRATION – application for review of registrar’s decision to summarily dismiss judicial review application – application for Regional Employer Nomination (Permanent) (Class EN) (Subclass 186) visas – de novo hearing of summary judgment application – no reasonable prospects of success - no substantive merit to application – review application dismissed. 

MIGRATION – application for extension of time in which to seek judicial review of a decision of the Administrative Appeals Tribunal where it found it had no jurisdiction to review the delegate’s decision refusing to grant the applicant a Bridging E (Class WE) visa – the Tribunal correctly decided that it had no jurisdiction in relation to the delegate’s decision refusing to grant a Bridging E visa – extension of time application refused – judicial review application dismissed. 

MIGRATION – judicial review – decision of delegate refusing to waive no further stay condition 8534 to which visa was subject – delegate not satisfied compelling and compassionate circumstances had developed – whether error by delegate in referring to incorrect condition – whether error by delegate in not referring to previous waiver requests and evidence provided in support of previous waiver requests – whether denial of procedural fairness - application dismissed. 

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – contention that the IAA failed to consider a claim – whether the claim “clearly emerged” – whether the IAA’s findings were in any event dispositive – application dismissed.