Judgments

MIGRATION – Judicial review – Administrative Appeals Tribunal (as it then was) – whether the Tribunal erred in finding that there was a ground of cancellation under s 116(1AA) – whether the Tribunal failed to give proper, genuine and realistic consideration to the risk of harm to the applicants if returned to home country – whether the Tribunal failed to consider the best interests of the applicants’ Australian citizen children and the harm they would face if returned to Sri Lanka – Court finds no jurisdictional error made by the Tribunal – Application dismissed 

MIGRATION – protection visa – decision of the Administrative Review Tribunal – failure to appear before the Tribunal – where Tribunal dismissed the application pursuant to s 99 of the Administrative Review Tribunal Act 2024 (Cth) – whether the applicant was afforded sufficient time to prepare materials – whether the Tribunal failed to consider the applicant’s grounds – no jurisdictional error established – application dismissed. 

MIGRATION – Judicial Review – Protection (Class XA) (Subclass 866) visa – whether application to Tribunal was lodged out of time – meaning of ‘end of day’ in section 494C of the Migration Act 1958 (Cth) – meaning of ‘transmit’- held that application was lodged out of time – application dismissed. 

MIGRATION – Judicial Review – protection visa – credibility findings – allegation of denial of procedural fairness – allegation of bias – whether error arose out of Tribunal’s misstatement of an aspect of country information – whether error disclosed in Tribunal’s consideration of the applicant’s delay in lodging the protection visa application – no jurisdictional error – application dismissed.

MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal affirming a decision not to grant the applicant a protection visa – whether the ART failed to consider, or gave insufficient weight to, the applicant’s evidence and claims – whether the ART denied the applicant procedural fairness – whether the ART failed to comply with s 367A of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.  

MIGRATION – application for judicial review - Partner (Temporary) (Class UK) (Subclass 820) and Partner (Residence) (Class BS) (Subclass 801) – whether Tribunal failed to engage with and properly consider evidence relating to family violence – whether Tribunal failed to afford procedural fairness - application dismissed  

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 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).  

PRACTICE AND PROCEDURE – application for an extension of time to file a general protections court application under the Fair Work Act 2009 (Cth) – extension of time granted.   

PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to her judicial review application – 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 – Review of summary dismissal by Registrar – protection visa application – where Tribunal dismissed application after applicants failed to appear at hearing and failed to apply for reinstatement within prescribed period – whether application has no reasonable prospect of success – where applicants claim they did not receive invitation to Tribunal hearing – where Tribunal invitation transmitted to last email address provided by the applicant in connection with the application – application allowed. 

 MIGRATION - Protection (Class XA) (subclass 866) visa– application seeking constitutional writ of Tribunal decision to affirm Ministers decision – no jurisdictional error – application dismissed. 

MIGRATION - Protection (Class XA) (subclass 866) visa– application seeking constitutional writ of Tribunal decision to affirm Ministers decision – no jurisdictional error – application dismissed.  

MIGRATION  – judicial review of a decision of the Immigration Assessment Authority to not grant a protection visa – where grounds of review are unparticularised – where the Applicant challenged the merits of the decision – where no jurisdictional error could be established 

MIGRATION – Application for student visa – applicant a citizen of Nepal – Tribunal determined applicant did not satisfy criterion in cl 500.212 of sch 2 of the Migration Regulations 1994 (Cth) – no jurisdictional error identified – application dismissed.

MIGRATION – Extension of Time – Delay of eight years, six months and eleven days – Non-attendance of applicant – Extension of time dismissed pursuant to rr 5.08(c), 5.10(a) and 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

MIGRATION – Application for student visa – primary applicant citizen of Nepal – Tribunal determined applicant did not satisfy criterion in cl 500.212 of sch 2 of the Migration Regulations 1994 (Cth) – whether Tribunal erred by failing to provide an interpreter – applicant did not seek assistance of interpreter – applicant did not demonstrate any subversion of the review – Tribunal did not fail to give proper, genuine and realistic consideration to application – no jurisdictional error – application dismissed. 

MIGRATION – application for constitutional writ of a decision of the ART – refusal to grant a Subclass 500 student visa – considerations for GTE criterion – strength of incentives to return to home country – value of the course of study to future employment prospects – Court found no jurisdictional error – application dismissed.  

MIGRATION – Application for student visa – criterion for visa enrolment in course of study - where applicant consented to matter being dealt with without a Tribunal hearing – where Tribunal afforded applicant 8 months to submit evidence in support of review and refused request for additional time – not unreasonable for Tribunal to so proceed where applicant claimed to be awaiting Tribunal decision before obtaining Confirmation of Enrolment – criteria for grant of the visa not met – Tribunal affirmed decision under review – application dismissed

 FAIR WORK – applicant has failed to appear – appropriate to exercise the Court’s powers under r 5.10 of the rules to dismiss the applicant's proceedings – proceedings dismissed 

CONSUMER LAW – application for orders requiring delivery of a vehicle subject to a security interest registered under the Personal Property Securities Act 2009 (Cth) – evidence that the vehicle was transferred to the second respondent, a non-party to the security agreement – orders made requiring delivery of the vehicle and keys by the second respondent according to a specified procedure – opportunity for the second respondent to seek discharge or variation of the orders within a specified period 

DEFAMATION – assessment of damages  

BANKRUPTCY - property jointly owned by the respondent and the bankrupt - proceeds of sale currently in the trustee's trust account as a result of realising the property of the bankrupt - the legal title is what the trustee was entitled to act upon 

CHILD SUPPORT – Costs - where the appeal was dismissed - where the Child Support Registrar is seeking costs in respect to the failed appeal - held that the respondent pay to the Child Support Registrar costs in the sum of $7,543 

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant student visas – whether Tribunal ignored relevant material – whether failure by the Tribunal to disclose the existence of the s 376 certificate was material - no jurisdictional error established – application dismissed.   

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa - where Tribunal exercised discretion to proceed in the applicant’s absence under s 426(1A)(a) and not under s 426(1A)(b) - no jurisdictional error established – application dismissed.  

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether the Tribunal was unreasonable, illogical or irrational in determining applicant’s application under s 426A(1A)(a) - without considering alternative powers to dismiss application in s 426A(1A)(b) - no jurisdictional error established – application dismissed.  

MIGRATION – Partner (Temporary) (Class UK) (Subclass 820) visa - Application for judicial review – Whether Tribunal made jurisdictional error in dismissing review application after non-appearance - Whether applicant consented to waive hearing appearance - Application dismissed. 

INDUSTRIAL LAW – Alleged underpayments – finding that the applicant was underpaid certain entitlements – identity of employer – finding of accessorial liability – penalties to be determined.

INDUSTRIAL LAW – PRACTICE AND PROCEDURE – application to strike out evidence of communications and documents made or prepared in connection with an attempt to negotiate a settlement of the dispute – whether any exceptions apply – whether the evidence and documents are admissible – application allowed – orders made striking the material out – orders made prohibiting inspection of the evidence and documents by any non-party.

INDUSTRIAL LAW – PRACTICE AND PROCEDURE – application for security for costs – application of s 570 of the Fair Work Act 2009 (Cth) -  whether the applicant’s unreasonable act or omission caused the other party to incur the costs – where the applicant is self-represented – application dismissed

CONSUMER PROTECTION – RECOVERY ACTION FOR MOTOR VEHICLE – Applicant seeks a declaration and orders for recovery of a vehicle under the Personal Property Securities Act 2009 (Cth) in respect of which it loaned moneys to the first respondent– Where the respondents each have not engaged in the proceedings – Finding that the Applicant is entitled to recovery of the vehicle under s.123 of the Personal Property Securities Act 2009 (Cth) – Declarations and orders made for recovery. 

PRACTICE AND PROCEDURE - Fair Work Act -Adverse Action claim - Application for an extension of time to commence proceeding – Self-represented litigant - Application not opposed - Extension of time granted. 

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 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth). 

PRACTICE AND PROCEDURE – Pleadings – application to file amended statement of claim – application to join additional respondents. 

MIGRATION LAW – Extension of time application - applicant filed 249 days out of time – insufficient explanation as to delay – Tribunal’s found that the review application was filed out of time and it had no jurisdiction – reasonable prospects of success not established – extension of time not warranted – costs ordered  

PRACTICE AND PROCEDURE - Duties of competence and compliance are not suspended simply because subject matter of litigation is migration – where applicant became represented 6 days before final hearing and solicitor sent correspondence to Court directing Court to adjourn

BANKRUPTCY – Ex Tempore – bankrupt failed to file a statement of affairs – trustee application under s 146 of the Bankruptcy Act 1966 (Cth) – pseudolegal argument - where the applicant alleges assents to legislation and appointments by the sovereign are invalid – application granted 

INDUSTRIAL LAW – review of a decision of a Registrar – hearing de novo – small claims jurisdiction – underpayment claim – casual cleaner over a six year period – agreed rates of pay and award rates of pay – calculation of underpayment – identification of the employer – jurisdiction not invoked – orders set aside

MIGRATION – Cancellation of protection visa - Where the Applicant was granted a protection visa in 2011 – Where in 2020 the Minister gave the Applicant a notice of an intention to consider cancellation of the visa because he had not complied with s.101(b) of the Migration Act 1958 (Cth) because he had given incorrect information on his visa application – Where in his response to the Notice the Applicant conceded that he had given incorrect information – Where the Minister exercised the discretion to cancel the visa under s. 109 and the Tribunal confirmed the Minister’s cancellation decision – Whether the Tribunal failed to consider a claim that the Applicant feared harm because he was of Kurdish ethnicity and because if he returned to Iran he would do so as a failed asylum seeker – Whether the Tribunal put the Applicant on notice of the issues on review - Whether the Tribunal’s finding was unreasonable in the legal sense – Application dismissed. 

MIGRATION – Protection (Class XA)(subclass 866) – judicial review of a decision of the Administrative Appeals Tribunal – procedural fairness – adequacy of interpretation – failure to call witness to give evidence – no jurisdictional error established – application dismissed.  

COSTS – section 570 of the Fair Work Act 2009 (Cth) – whether late amendment of pleadings constitutes an unreasonable act – relevant considerations.  

BANKRUPTCY – review of registrar’s decision – dispute arose between the applicant and the respondent concerning a Final Fee Notice – where applicant does not seek to prosecute creditor’s petition – circumstances where there is evidence that there are no other Creditors of the respondent – creditors petition dismissed – sequestration order set aside.  

COSTS – section 570 of the Fair Work Act 2009 (Cth) – whether late amendment of pleadings constitutes an unreasonable act – relevant considerations.  

MIGRATION – Immigration Assessment Authority – Safe Haven Enterprise Visa – whether the Authority failed to take into account the outcome of its assessment under s.473DD(b)(i) of the Migration Act 1958 (“the Act”) in its assessment under s.473DD(a) of the Act - whether the Authority’s assessment under s.473DD(a) of the Act was irrational or illogical – whether the Authority asked the wrong question under s.473DD(a) of the Act – whether the Authority’s finding that the applicant was not a spy for the LTTE, but that he merely undertook observational tasks, was irrational. 

MIGRATION – Judicial Review – whether the Tribunal erred in determining that the applicant was not a genuine temporary entrant – where the Tribunal referred to Ministerial Direction No. 69 instead of Ministerial Direction No. 108 – where this error was not material and did not amount to jurisdictional error – application dismissed.  

MIGRATION – Judicial Review – Where Administrative Appeals Tribunal (Tribunal) affirmed the decision not to grant applicants student visas as it found the applicant did not satisfy PIC 4020 – application dismissed 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal misconstrued direction made under s 499 of Act and thereby failed to comply with direction – whether Tribunal excluded capacity of factor in direction to weigh in favour of applicant – application dismissed  

MIGRATION – Judicial Review – Where Administrative Appeals Tribunal (Tribunal) affirmed the decision not to grant applicant a student visa as it found the applicant was not a genuine applicant for entry and stay as a student as required under cl 500.212 – Whether Tribunal failed to consider the applicant’s circumstances – Whether Tribunal complied with procedural fairness obligations - Direction No. 108 considered – application dismissed. 

MIGRATION LAW – ex tempore reasons –  application for interlocutory injunction to restrain the Minister from removing the applicant from Australia – prima facie case not established – balance of convenience not in favour of Applicant – Application dismissed with costs   

INDUSTRIAL LAW – contravention of s 716(5) of the Fair Work Act 2009 (Cth) – liability conceded – consent to penalties proposed – whether the penalties and other orders proposed by the parties are appropriate – proposed orders made 

MIGRATION – protection visa – judicial review of decision of Immigration Assessment Authority to refuse visa – where new DFAT country information published before Authority’s decision – whether Authority bound by Ministerial Direction no. 56 to consider most recent country information – whether unreasonable not to consider new information – whether Authority failed to properly assess whether documents were credible personal information – whether Authority failed to consider whether exceptional circumstances existed – whether Authority misunderstood or misinterpreted the law – whether logically probative basis existed for finding document was fabricated – jurisdictional error found – matter to be remitted