Judgments

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal’s decision is unreasonable – whether the Tribunal was biased – whether an alleged failure to provide an interpreter was procedurally unfair – whether the Tribunal failed to investigate for itself further possible protection concerns – no jurisdictional error – application dismissed.

MIGRATION - Judicial Review – decision of Immigration Assessment Authority – citizen of Pakistan – Turi Pashtun of Shia religion– whether finding of fact not supported by the evidence – whether finding of fact based on unwarranted assumptions – whether wrong question asked as to whether individually targeted rather than being targeted as part of a particular social group – whether decision illogical or legally unreasonable because of failure to take into account relevant considerations – whether decision affected by apprehended bias – whether jurisdictional error.

MIGRATION – Judicial review – decision of Immigration Assessment Authority – citizen of Pakistan – Turi Pashtun of Shia religion – whether finding of fact not supported by the evidence in relation to allegedly fraudulent document or based on unwarranted assumptions – whether decision illogical or legally unreasonable by reason of unwarranted assumptions made concerning protection of students by school or because of failure to take into account relevant considerations – whether wrong question asked as to whether individually targeted rather than being targeted as part of a particular social group – whether failure to take into account a relevant consideration as to the nature of persecution faced by the applicant outside his home area – whether decision affected by bias – whether jurisdictional error

MIGRATION – Temporary Protection visa – decision of the then Immigration Assessment Authority – whether the IAA erred in the manner specified in CLS15 v Federal Circuit Court of Australia [2017] FCA 577 – jurisdictional error established – writs issued.

MIGRATION – application for judicial review – decision of the Immigration Assessment Authority – safe haven enterprise (subclass 790) visa – where the applicant claims that the Authority failed to exercise its discretion in getting or to get new information under section 473DC of the Migration Act 1958 (Cth) in respect of the applicant’s political involvements – no jurisdictional error established – application dismissed with costs.

INDUSTRIAL LAW - Application pursuant to s 370(a)(ii) of the Fair Work Act 2009 (Cth) for extension of time within which to make a general protections court application based on dismissal from employment – whether applicant has given adequate explanation for delay – whether applicant has meritorious claim if extension granted – whether otherwise appropriate to grant extension – extension refused.

PRACTICE AND PROCEDURE – statement of claim does not reveal cause of action –summary dismissal - vexatious proceedings – material in an inadmissible form –statement of claim struck out.

INDUSTRIAL LAW – alleged breach of s 352 of the Fair Work Act 2009 (Cth) – alleged breach of s 536 of the Fair Work Act 2009 (Cth) – alleged retaliatory dismissal and corporate misconduct

MIGRATION – student visa – decision of the Administrative Appeals Tribunal – genuine temporary entrant criterion – whether the Tribunal engaged in an active intellectual process – whether the Tribunal had regard to the applicant’s future business plans – whether the Tribunal was required to compassionately consider applicant’s claims – procedural fairness – no jurisdictional error established – application dismissed

MIGRATION – Student (Temporary) (Class TU) (subclass 500) visas refused – Administrative Appeals Tribunal affirmed delegate’s decision – Judicial review of Tribunal’s decision – Whether Tribunal failed to consider evidence – Whether the Tribunal provided adequate reasons for its decision-whether the Applicants were afforded procedural fairness – No jurisdictional error established – Application dismissed

MIGRATION – Student (Temporary) (Class TU) (subclass 500) visa – judicial review of a decision of the Administrative Appeals Tribunal – application for an extension of time to bring judicial proceedings under s 477(2) of the Migration Act 1958 (Cth) – whether extension of time is necessary in the interests of the administration of justice – length of delay – prospects of success – application dismissed

MIGRATION – Protection (Class XA) (subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – whether error of fact amounted to jurisdictional error – failure to consider relevant considerations – procedural fairness – jurisdictional error established – application allowed

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – construction of ss 473DD and 473FB of the Migration Act 1958 (Cth) and cl 28 of the Practice Direction – whether the IAA was required to assess new information that did not comply with the Practice Direction against s 473DD – whether the IAA’s exercise of discretion not to consider new information provided to it outside of the deadline in the Practice Direction, but nearly 2 months before the IAA’s decision, was legally unreasonable – application succeeds

MIGRATION – Protection (Class XA) (subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to discharge the statutory task of review by copying – denial of procedural fairness because of delay – failure to consider evidence – misconstruing statutory tests in s 36(2)(aa) and s 36(2B)(c) – jurisdictional error established – application allowed.

MIGRATION – Whether Immigration Assessment Authority failed to consider essential integer of claims – whether failure to properly assess whether to consider new information

PRACTICE & PROCEDURE – Application in a proceeding to adjourn the hearing – relevant considerations.

PRACTICE & PROCEDURE – Adjournment by reason of the applicant’s medical incapacity – orders preventing further hearing of and steps in the proceeding absent competent representation.

PRACTICE & PROCEDURE – Late application to amend statement of claim – relevant considerations.

MIGRATION – Where legislative instrument specifying types of evidence required to establish non-judicially determined claim of family violence repealed since decision of the Tribunal – whether on review Court should apply current legislative instrument in re-assessing evidence for itself

MIGRATION - Whether Tribunal erred by failing to take in account evidence and relevant considerations – proceedings twice adjourned because of adjournment of related case in circumstances where interpreter in Court was same as interpreter from Tribunal hearing and allegations made in those proceedings about adequacy of interpreter and bias

MIGRATION – Whether Tribunal erred by failing to take in account evidence or relevant considerations – whether failure to consider claims cumulatively – whether findings made contrary to evidence – allegation of inadequate standard of interpretation – proceedings adjourned in circumstances where interpreter in Court was same interpreter at Tribunal hearing – proceedings further adjourned after allegation of bias on part of Tribunal was raised in order to enable further evidence of same

BANKRUTPCY – application pursuant to s 139ZS(1) of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act) to set aside a notice issued pursuant to s 139ZQ(1) of the Bankruptcy Act and applications pursuant to s 120(1) and s 121(1) of the Bankruptcy Act that the transfer of a 40% interest in a property is void as against the trustee in bankruptcy – whether the 40% interest was transferred for a consideration less than its market value – the 40% interest transferred for a consideration that exceeded market value – whether at the time the 40% interest was transferred the transferor was insolvent or was about to become insolvent – whether the transferor’s main purpose for transferring his 40% interest was to prevent the transferred property from becoming divisible among the transferor’s creditors to hinder or delay the process of making property available for division among the transferor's creditors – whether assuming s 121(1) of the Bankruptcy Act applied to the transfer of the 40% interest the transferee established the matters provided for by ss 121(4) – 129ZQ notice set aside and claims under s 120(1) and s 121(1) of the Bankruptcy Act dismissed.

MIGRATION – appeal of a decision of the Administrative Appeals Tribunal – student visa – application dismissed.

MIGRATION – protection visa – judicial review of a decision of the Immigration Assessment Authority – where applicant was affected by the 2014 data breach – where applicant was found not to be a credible witness by the Authority – where impact of data breach considered by the Authority –where Authority considered claims about interpretation during delegate interview – credibility findings open - no jurisdictional error – application dismissed with costs

CONSUMER LAW – application for orders under s 123 of the Personal Property Securities Act 2009 (Cth) to enter property to seize a vehicle the subject of a security interest registered on the Personal Property Securities Register

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming decisions not to grant the applicants protection visas – whether the Tribunal failed to take into account relevant information- whether the Tribunal failed to allow the applicants sufficient time to provide further evidence of their claims – whether the Tribunal made an error of the kind identified in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 – no jurisdictional error established – application dismissed.

HUMAN RIGHTS - disability discrimination – practice and procedure – matter remitted following Full Federal Court (FFC) setting aside declarations – application by respondent for leave to reopen case by tendering documents (Documents) – leave granted subject to the condition that the respondent identifies the facts it submits it intends to prove at the hearing on remitter on the basis of the Documents and whether those facts are consistent with findings the FFC made (FFC findings) and the findings the primary judge made that have not been disturbed by the FFC (undisturbed findings) and to the extent the respondent seeks to prove facts that are inconsistent with the FFC and undisturbed findings, the respondent identifies the basis on which the respondent will contend it is open to the Court on remitter to make findings that are inconsistent with such findings.

PRACTICE & PROCEDURE – application for release from Harman undertaking – special circumstances not shown – application refused.

INDUSTRIAL LAW – review of registrar’s decision to dismiss a small claim – claim for annual leave and $10,000 for flights to Cambodia.

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal misapplied s 36(2)(a) and (aa) – whether applicant’s conversion to Christianity was genuine – whether the Tribunal made unreasonable findings – irrationality – whether applicant was denied procedural fairness – no jurisdictional error established – application dismissed

MIGRATION – Judicial review – application for Safe Haven Enterprise Visa – citizen of Pakistan – whether material error in law in considering or applying legislative provisions to new information provided by the applicant – whether material error in law in applying the real chance and real risk tests – whether failure to respond to claim to fear serious and significant harm in the applicant’s work – whether failure to consider an integer of the applicant’s claim that he was at risk of harm upon return to Pakistan – whether failure to consider country information in support of applicant’s claim that he was at risk of harm upon return to Pakistan – whether error material – whether jurisdictional error – writs issued.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant partner visa – whether compelling reasons for not applying Schedule 3 criteria – whether necessary for Tribunal to assess genuineness of parties’ relationship – whether Tribunal ignored or placed insufficient weight on evidence and issues advanced by applicant to establish compelling reasons - no jurisdictional error established – application dismissed.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether applicant satisfied genuine temporary entrant criterion in cl 500.212 of Schedule 2 – whether Tribunal failed to notify applicant of issue arising in relation to decision under review – whether findings illogical or irrational – whether costings on which medical officer relied relevant to Tribunal’s decision – no jurisdictional error established – application dismissed

MIGRATION – Judicial review – decision of Immigration Assessment Authority – citizen of Pakistan of Turi ethnicity and Shi’a religion – whether error in interpreting or applying s 473DD of the Migration Act 1958 (Cth) in failing to find exceptional circumstances to consider new information – whether error in interpreting or applying the real chance test or the real risk test – whether failure to consider relevant considerations – Smart Traveller advice – information in two news articles post-dating Delegate’s Decision – whether error by reason of legal unreasonableness – whether merits review – whether material jurisdictional error

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

MIGRATION – Judicial review – application to review decision of a Registrar to summarily dismiss the Applicant’s claims – where application for review of Registrar’s reasons filed out of time – where the Grounds of Review set out in the Initiating Application have no reasonable prospect of success and are summarily dismissed – where the Applicant raised matters during the hearing that cannot be characterised as having no reasonable prospect of success – Applicant given leave to file an Amended Application and the time for filing the application for review be extended.

MIGRATION – Judicial review – where Applicant asserts failure by the Immigration Assessment Authority (‘Authority’) to conclude he did not face a real chance of harm in the process of being screened on return to Sri Lanka and also asserts the Authority failed to consider he would face significant harm because of his status as a failed asylum seeker travelling on a temporary travel document and because of prison conditions on his return – no error established – application dismissed

MIGRATION – student visa refusal – decision of the Administrative Appeals Tribunal – where Tribunal not satisfied applicant is a genuine temporary entrant – whether Tribunal failed to consider evidence – whether Tribunal was unreasonable – whether Tribunal had apprehended bias – where Tribunal’s reasons contain erroneous findings –application dismissed

MIGRATION – extension of time in which to seek judicial review of a decision of the Administrative Appeals Tribunal – visitor visa – applicant did not appear at the extension of time hearing – application dismissed for non-appearance pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)

MIGRATION – Student (Temporary) (Class TU) Subclass 500 visa – judicial review of a decision of the Administrative Appeals Tribunal – irrelevant consideration – procedural fairness – no jurisdictional error established – application dismissed

MIGRATION – Protection (Class XA) (subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to give reasons – procedural fairness – no jurisdictional error established – application dismissed

CONSUMER PROTECTION – RECOVERY ACTION – where the applicant seeks a declaration and orders for recovery of a vehicle in respect of which it loaned moneys to the first respondent – where the contract pursuant to which those moneys were loaned was entered into as a result of identity theft – where the applicant seeks remedies available to it under the National Credit Code and under the Personal Property Securities Act 2009 (Cth) – finding that the applicant is entitled to recovery of the vehicle – declarations and orders made for recovery.

MIGRATION – Application for judicial review – unparticularised grounds – no error identified having regard to Application and Applicant’s submissions – Application dismissed.

MIGRATION – Administrative Appeals Tribunal – application for a Student visa – where applicant did not have a current course of enrolment – no arguable jurisdictional error – amended application dismissed.

MIGRATION – review of a decision of the Administrative Appeals Tribunal (the Tribunal) – protection visa – consideration of the reasoning in DNK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 975 – whether the Tribunal’s decision was unreasonable – whether the Tribunal’s review was stultified – jurisdictional error established.

MIGRATION – Protection visa – decisions of the then Administrative Appeals Tribunal – extension of time application – moderate delays – inadequate explanation – no prejudice – no arguable case of jurisdictional error – extension of time refused.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the conduct of the applicant’s migration agent or a third party amounted to a fraud on the Tribunal – whether the Tribunal was required to “investigate” the applicant’s claims – whether the Tribunal failed to consider a claim or an integer of the applicant’s protection claims – whether the Tribunal failed to consider relevant material – whether the Tribunal’s decision was unreasonable – no jurisdictional error – application dismissed.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal’s credibility findings are legally unreasonable – whether the Tribunal’s decision demonstrates bias – whether the Tribunal failed to assess evidence of third-party involvement in the visa application process – no jurisdictional error – 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 – whether judicial review application has no reasonable prospects of success – application dismissed

MIGRATION – Partner visa – decision of the then Administrative Appeals Tribunal – matter listed for a final hearing by video link – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

MIGRATION – student (class TU) (subclass 500) visa – visa refused – decision of the (then) Administrative Appeals Tribunal to affirm delegate’s decision – Tribunal not satisfied applicant is a genuine temporary entrant – whether Tribunal denied applicant procedural fairness – whether Tribunal failed to consider relevant material – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

MIGRATION – Costs – Application for extension of time – where Minister sought scale costs for final hearing event despite matter not proceeding to same