Judgments

MIGRATION – application for review of Registrar’s decision – hearing de novo of first respondent’s application for summary dismissal – where applicant applied for judicial review of decision of Administrative Appeals Tribunal – 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 – where Registrar summarily dismissed the applicant’s application for judicial review – where review of Registrar’s decision filed 20 days out of time –whether the Tribunal incorrectly included a semi-colon in the applicant’s email address and therefore its correspondence was not sent in accordance with the requirements of the Migration Act 1958 (Cth) – found grounds of substantive application not reasonably arguable – application dismissed.

MIGRATION – application for judicial review – Student (Temporary) (Class TU) Subclass 500 visa – where Administrative Appeals Tribunal affirmed decision not to grant the applicant the visa as the applicant did not satisfy cl 500.212 of sch 2 of the Migration Regulations 1994 (Cth) – whether the Tribunal denied the applicant procedural fairness – found Tribunal complied with its procedural fairness obligations under div 5 of the Act – whether the Tribunal erred by making a finding that was illogical or irrational – found the Tribunal’s findings were neither unreasonable nor illogical – found no jurisdictional error – application dismissed. 

MIGRATION – application for review of a Registrar’s decision – hearing de novo of first respondent’s application for summary dismissal – where applicant applied for judicial review of decision of Administrative Appeals Tribunal – Regional Employer Nomination (Permanent) (Class RN) visa – where Registrar summarily dismissed applicant’s application for judicial review – found grounds of substantive application had no reasonable prospects of success – application dismissed. 

MIGRATION – extension of time application – applicant filed 152 days out of time – Protection (Subclass 866) visa – where Administrative Appeals Tribunal affirmed the decision of the first respondent that applicant is not a person in respect of whom Australia has protection obligations  – found delay lengthy – found an inability to obtain legal advice or representation did not, of itself, provide a sufficient explanation for the delay – absence of satisfactory explanation for lengthy delay – whether the Tribunal denied the applicant procedural fairness – found no failure of Tribunal to accord procedural fairness – 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 – application for an extension of time in which to seek judicial review of a decision of the Administrative Appeals Tribunal – considerations – whether there is an arguable basis for setting aside the decision of the Tribunal – application dismissed. 

MIGRATION – extension of time application – application filed 98 days out of time – Student (Temporary) (Class TU) (Subclass 500) visa – where Tribunal set aside and substituted decision of the first respondent with a decision not to cancel the applicant’s visa – where the decision of the Tribunal was in the applicant’s favour – where the department then refused to grant a further student visa as the applicant did not comply the provisions of cl 1222 of sch 1 of the Migration Regulations (1994) – where the applicant failed to apply for a visa within 28 days of the expiry of the initial visa – where the applicant does not assert any jurisdictional error in the Tribunal’s decision - found the Tribunal was not obliged, and had no duty, to advise the applicant about the steps following its decision, the provisions of cl 1222 of sch 1 of the Regulations, nor her visa options – 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 a finding made by the Authority was illogical or irrational – found there was probative country information before the Authority to make its finding – found no jurisdictional error on behalf of the Authority – application dismissed.

MIGRATION – application for judicial review – Safe Haven Enterprise (Subclass 790) visa – where Immigration Assessment Authority affirmed the decision of the first respondent not to grant the applicant the Visa – whether the applicant was denied procedural fairness – found no unfairness arose – whether the Authority failed to exercise its discretion to obtain new information from the applicant under s 473DC – found the review was conducted in accordance with Part 7AA – found the Authority’s reasons for refusing to exercise its discretion under s 473DC were reasonable – found no jurisdictional error – application dismissed. 

MIGRATION – application for judicial review – Student (Subclass 500) visa – where Administrative Appeals Tribunal affirmed decision of the first respondent to cancel the visa under s 116(1)(g) of the Migration Act 1958 (Cth)  – where applicant had been convicted of an offence in breach of reg 2.43(1)(oa) of the Migration Regulations 1994 (Cth) – where applicant’s application for interlocutory injunction to prevent his removal from Australia was dismissed – where applicant currently offshore – grounds unparticularised – where certain grounds raised by applicant seek impermissible merits review – oral submissions raised by applicant – whether the Tribunal failed to consider certain information and claims – whether the Tribunal failed to accord the applicant procedural fairness – found no jurisdictional error – application dismissed.

MIGRATION – costs – application for costs of the proceeding to total over $10,000 made without evidence or notice – scale costs ultimately sought and ordered.

HUMAN RIGHTS – Disability discrimination – whether leave should be granted to bring the application to Court, pursuant to s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) – whether there was any reasonably arguable disability discrimination towards the applicant by the respondent – leave pursuant to s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) is refused – The application is dismissed.

HUMAN RIGHTS – COSTS – whether costs should be awarded following an unsuccessful application for leave pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) – where costs usually follow the event – where the Court has broad discretion pursuant to s 214 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – where actual costs particularised in line with sch 2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – applicant ordered to pay the respondent’s costs and disbursements in a fixed sum as sought. 

MIGRATION – employer sponsored visa – applications for extension of time to seek judicial review of decisions of the Administrative Appeals Tribunal – where the employer sponsor was registered at the time of the Tribunal application but deregistered before decision – whether deregistration was a proper basis for the Tribunal to find it had no jurisdiction – where the proposed employer sponsor is now reinstated – whether reinstatement retrospectively invokes jurisdiction – whether applicants can establish arguable case – futility – extension of time refused - applications dismissed

MIGRATION – review of Tribunal decision to refuse grant of Student Visa – applicant found not to satisfy criteria in cl 500.212 of sch 2 of the Migration Regulations 1994 (Cth) – whether Tribunal erred by denying him an opportunity to present his case – whether Tribunal erred by failing to make further enquiries about medical evidence when Tribunal not persuaded it showed the applicant was unfit to study – no attendant jurisdictional error – application dismissed. 

MIGRATION – application for protection visa refused by delegate of the Minister – claim to fear of persecution due to practising Catholic participating in underground churches in China – family affiliation with church leadership – whether the Tribunal relied on ‘adverse country information’ – whether independent country information was not relevant to applicant’s circumstances – whether the applicant would be pressured to join a State-sanctioned church – would pressure to join a State-sanctioned church amount to persecution for the purposes of a protection visa – judicial review – application dismissed. 

 MIGRATION – Protection (Class XA) (subclass 866) – judicial review of a decision of the Administrative Appeals Tribunal – failure to inquire – denial of procedural fairness – failure to consider – unreasonableness – failure to conduct a review – no jurisdictional error established – application dismissed. 

MIGRATION – application for protection visa – applicant citizen of Sri Lanka of Tamil ethnicity – proceedings commenced more than 18 months out of time – whether necessary in the interests of the administration of justice to extend time – whether decision of the Immigration Assessment Authority (IAA) affected by jurisdictional error by failure to apply “real risk” test in assessment of claim for complementary protection and address an integer of applicant’s claim – extension of time granted – decision of IAA set aside. 

MIGRATION – Partner visa – whether Tribunal misconstrued test in respect of compelling reasons to not apply Schedule 3 criteria, or undertook assessment of compelling reasons in unreasonable manner – mere satisfaction of primary visa criterion does not constitute “compelling reason”. 

FAIR WORK – compliance notice issued under s 716 of the Fair Work Act 2009 (Cth) (the Act) – admission of contravention of s 716(5) of the Act – imposition of civil penalty.

FAIR WORK – respondent operator of valet car parking service – failure to comply with compliance notice – where respondent admitted contravention of s 716(5) of the Fair Work Act 2009 (Cth) (FW Act) – declaration made – respondent to pay compensation pursuant to s 545 of the FW Act – pecuniary penalty imposed.

BANKRUPTCY – application for review of sequestration order made by Registrar – whether preconditions for making sequestration order are satisfied – whether there is sufficient cause why a sequestration order ought not be made – debt to creditor paid by review applicant following hearing - application for review allowed and sequestration order set aside – costs to be determined. 

JUDICIAL REVIEW – direction that all correspondence to the Court from the applicant be addressed to the Court’s Registry and not sent to the Chambers of the presiding judge – applicant provided with the Federal Circuit and Family Court of Australia Guide to Communicating with the Courts – applicant’s communications with Chambers inappropriate – appropriate to make such an order.

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal erred by failing to consider relevant material – whether Tribunal misunderstood the applicant’s evidence – whether Tribunal’s credibility finding was illogical or irrational - no jurisdictional error established – application dismissed.      

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant medical treatment visa – whether Tribunal’s decision was unreasonable and contrary to the evidence – whether Tribunal erred in referring to or giving weight to the applicant’s immigration history – whether Tribunal afforded the applicant procedural fairness - no jurisdictional error established – application dismissed.     

MIGRATION – Student (Subclass 500) visa - Application for judicial review – Non-appearance by applicant - Application dismissed pursuant to r 5.08(c), 5.10(a), 22.04(a)(i).

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant a student visa – whether Tribunal gave disproportionate weight to applicant’s previous partner visa – whether Tribunal failed to take into account relevant matters – whether the Tribunal erred in finding an application for a visa which would entitle a person to reside in Australia permanently is inconsistent with the conduct of a person who intends to reside in Australia temporarily – whether finding was unreasonable because of illogicality or irrationality – whether Tribunal failed to consider or give proper weight - no jurisdictional error established – application dismissed.    

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

MIGRATION – judicial review – refusal to grant a Partner (Residence) (Class BS) visa – whether the Tribunal failed to apply the statutory test required by IMMI 12/116 thereby constructively failing to exercise its jurisdiction – whether the applicant’s application included a “non-judicially determined claim of family violence” is a jurisdictional fact that this Court can determine for itself – writ of mandamus issued to Tribunal requiring it to determine the application for review according to law. 

INDUSTRIAL LAW – SMALL CLAIMS  - superannuation claim under the terms of a workplace determination – where the respondent has applied for an order for summary judgment – whether the workplace determination obliges the respondent to make a payment in respect of defined benefits superannuation – whether leave to amend the application should be granted – application for summary judgment made out – amended application filed by the applicant dismissed.  

MIGRATION – application for judicial review of a decision made by the Immigration Assessment Authority – whether the Authority failed to consider a claim for protection made by the applicant – no jurisdictional error – application dismissed. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa – whether the Tribunal made a jurisdictional error by failing to make inquiries in relation to the process of the applicant applying for a protection visa or whether an interpreter was required or available to assist him at the hearing – whether the Tribunal denied the applicant procedural fairness by inviting him to provide further claims and evidence without explaining the effect of s 423A of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.    

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicants protection visas – whether the Tribunal made a jurisdictional error by failing to make inquiries in relation to the process of the applicants applying for protection visas – no jurisdictional error – application dismissed.    

MIGRATION – Application for a Student (Temporary) (Class TU) visa – Review of Administrative Appeals Tribunal (“Tribunal”) decision – Allegation that the Tribunal’s decision was affected by jurisdictional error –Application dismissed. 

MIGRATION – Student (Subclass 500) visa - Application for judicial review – Where alleged fraud by agent - Whether the Tribunal misconstrued the Regulations – Whether Decision was unreasonable – No material jurisdictional error identified - Application dismissed.

MIGRATION – Protection visa – Application for an extension of time – Financial hardship claims – No evidence – Application dismissed.

MIGRATION – Student (Subclass 500) visa - Application for judicial review – Whether failure to provide procedural fairness or to provide justice – Where applicant waived right to Tribunal hearing - No material jurisdictional error identified - Application dismissed. 

MIGRATION – Application for extension of time to bring judicial review proceeding – Consideration of merits of the substantive application – Where it is in the interests of the administration of justice to extend time. 

MIGRATION – Student visa – where the Applicant failed to have a current certificate of enrolment – whether procedural fairness was accorded to the Applicant – no jurisdictional error made out. 

INDUSTRIAL LAW – practice and procedure – various interlocutory applications made in three proceedings the applicant employee commenced against his former employer in one of which the applicant joined the former employer’s parent company – declarations made in relation to the validity of notices to admit facts - orders made summarily dismissing the second and third proceeding to the extent of some of the claims made in those proceedings - and orders made setting aside notices to produce in whole and in part.

PRACTICE AND PROCEDURE— application in a proceeding seeking to strike out various paragraphs of statement of claim – where applicant identifies a large number of alleged decision makers in his amended statement of claim – where respondents contend that these allegations fall foul of rules of pleadings – whether the decision maker allegations are likely to cause prejudice, embarrassment or delay in the proceeding – whether each decision maker allegation fails to disclose a reasonable cause of action – where tension exists in authorities about necessity to plead identity of decision makers whose state of mind is to be attributed to body corporate -  strike out application allowed with leave to the applicant to replead – no orders as to costs. 

EVIDENCE – interim proceedings – application to strike out evidence of settlement negotiations – section 131 exceptions – whether evidence of a conversation between representatives involving an alleged threat is covered by s131 – matters to be considered. 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – judicial review – 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 – Temporary Graduate (Class VC) (Subclass 485) visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal erred by relying on the evidence provided to it by the applicant’s course provider – whether the Tribunal erred by failing to request the applicant’s final course assignments from the applicant’s course provider – typographical error or misdescription in the Tribunal’s decision – no jurisdictional error established – application dismissed.  

MIGRATION – Temporary Business Entry (Skilled) (subclass 457) visa – Where the primary applicant could only meet the mandatory criteria for the grant of a visa if her sponsor’s nomination of an occupation in relation to her was approved – Where her sponsor’s nomination was not approved –Where because the primary applicant was refused the visa a necessary consequence was that other members of her family unit were not granted visas – Application dismissed. 

MIGRATION - Skilled Graduate (Subclass 485) visa - Application to review orders of a Registrar - Practice and Procedure - Extension of time – Change of Rules - Extension of time granted – Summary dismissal – Whether application for judicial review has reasonable prospects of success – Whether applicant denied procedural fairness- No denial of procedural fairness – No jurisdictional error identified – Application for review dismissed - Orders of Registrar affirmed. 

MIGRATION – Partner visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to take into account a relevant consideration – whether the Tribunal failed to determine that the applicant did not meet cll 820.211 and 820.221 in Schedule 2 of the Migration Regulations 1994 (Cth) – no jurisdictional error established – application dismissed. 

MIGRATION – Application for judicial review – Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visa. 

MIGRATION –  where no jurisdictional error was established on the part of the Tribunal – where the Applicant failed to appear at the hearing – application dismissed. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicant a student visa – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal made wrong findings on factual issues – no jurisdictional error – application dismissed.   

MIGRATION – Application for an extension of time – decision made by the Immigration Assessment Authority –protection visa – whether the Authority failed to apply the statutory tests correctly – whether the Authority denied the applicant procedural fairness – underlying application for judicial review lacks merit – extension of time refused.