Judgments

BANKRUPTCY – Review of registrar’s decision to make a sequestration order – hearing de novo – sequestration order set aside – creditor’s petition to be heard on a date to be fixed.

MIGRATION - Student (Temporary) (class TU) (Subclass 500) visa – Administrative Appeals Tribunal – application for judicial review – no jurisdictional error established – application dismissed

MIGRATION – Protection visa – application for judicial review – whether Tribunal failed to conduct the statutory task – role of the Court - application dismissed with costs.

MIGRATION – Application for judicial review of a decision made by the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa – where the applicant made a general and unparticularised assertion of jurisdictional error – where the applicant asserted that the Tribunal decision was based on personal opinion and not evidence – no jurisdictional error established – application dismissed.

INDUSTRIAL LAW – application for civil penalty –contraventions of enterprise agreement under Fair Work Act 2009 (Cth) – agreed penalty – appropriate penalty

BANKRUPTCY – application for possession of property – applicant is trustee of the bankrupt estate of the respondent – applicant seeks vacant possession of the property – application proceeded on an undefended basis – orders for the respondent bankrupt to vacate the property – warrant of possession of property issued.

PRACTICE AND PROCEDURE – application for an extension of time to seek review of an exercise of power by a Registrar – where a Registrar summarily dismissed the applicants’ judicial review application – extension of time refused.

MIGRATION – Judicial Review – whether Tribunal erred in finding that information given was false or misleading in a material particular – material particular – whether Tribunal failed to consider and give appropriate weight to evidence – absence of approved nomination – futility – no jurisdictional error established – application dismissed.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal – whether applicant satisfied clause 500.212 – no jurisdictional error established – application dismissed.

MIGRATION – application for judicial review of decisions of Administrative Appeals Tribunal – where delegate refused application for Employer Nomination Scheme visa – where Tribunal dismissed application for review due to non-attendance at hearing – where dismissal confirmed – whether visa application validly withdrawn prior to delegates decision – whether withdrawal lodged by applicants nominated recipient constituted valid withdrawal – construction of s 49 of the Migration Act considered - whether applicant gave authority for withdrawal – held withdrawal was effective – Tribunal lacked jurisdiction where visa application had been withdrawn

MIGRATION – Refusal to grant student visa – application for judicial review - Tribunal request for information-failure to supply information requested- Tribunal affirmed delegate’s decision without hearing -denial of natural justice and procedural fairness – unreasonable decision – application dismissed with costs.

MIGRATION – Immigration Assessment Authority – the Authority refusing to consider new information – whether the Authority considered whether the new information was capable of being believed – whether the Authority’s determination that the new information, a UNP membership card, was not genuine, was tantamount to determining that it was not capable of being believed.

MIGRATION – Judicial review of a decision of the Administrative Appeals Tribunal to not grant the Applicant a Protection (Subclass 866) visa – protection claims relating to loan sharks – Tribunal found the applicant had not provided any supporting evidence – adverse credibility findings – whether the Tribunal provided a meaningful hearing – what constitutes an oral statement pursuant to s 430D(2)(a) of the Migration Act 1958 (Cth) – where the oral statement departs from the written statement – whether the Tribunal’s decision was illogical, irrational or unreasonable – whether the applicant was put on notice of issues arising in relation to decision under review – Tribunal’s decision affected by jurisdictional error – application granted – writs issued 

MIGRATION – review of a decision of the Administrative Appeals Tribunal – training visa – whether the Tribunal erred in stating it had no jurisdiction –procedural fairness – no jurisdictional error established – application dismissed.

BANKRUPTCY – Review of registrar’s decision to make a sequestration order – hearing de novo – sequestration order set aside – creditor’s petition to be heard on a date to be fixed.

HUMAN RIGHTS – Public interest immunity claim – Risk of inadvertent disclosure – Possibility of harm to the public interest - Claim upheld.

MIGRATION  — Judicial review  — protection visa  — non appearance of applicant  — default judgment —  leave for notice of discontinuance refused —  application dismissed

MIGRATION – application for an extension of time in which to seek review of a summary dismissal decision made by a Registrar – relevant considerations – where the substantive application had no reasonable prospects of success – application dismissed

MIGRATION – Administrative Appeal Tribunal - protection visa (class XA) (subclass 866) – Review of a Registrar’s decision where the matter was dismissed for non-appearance – grounds of judicial review have no merit – application dismissed with costs.

MIGRATION – application for judicial review of a decision made by the Administrative Appeals Tribunal affirming a decision to refuse to grant the applicants employer nomination (permanent) visas – whether the Tribunal misunderstood or misapplied the test in Public Interest Criterion 4007(2) – whether the Tribunal constructively failed to exercise its jurisdiction – jurisdictional error established – writs issued.

MIGRATION – application for an extension of time in which to seek review of a summary dismissal decision made by a Registrar – relevant considerations – where the substantive application had no reasonable prospects of success – application dismissed

MIGRATION – Judicial review application – Immigration Assessment Authority decision - citizens of Sri Lanka – refused grant of a Safe Haven Enterprise visa – whether the Immigration Assessment Authority proceeded on the basis of a misunderstanding of, or failure to understand, the material in country information report and relevance of the material to the  claims made – report concerning male sexual violence - whether Immigration Assessment Authority findings were illogical, irrational and lacked an intelligible justification in relation to death of an applicant’s friend and a bribe paid to cease harassment – whether material jurisdictional error

MIGRATION – protection visa – review of a decision of the Administrative Appeals Tribunal – no jurisdictional error established – application dismissed.

MIGRATION – Refugee Review Tribunal – protection visa – extension of time – six year delay – inadequate explanation for delay – the substantive application having no reasonable prospect of success.

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – Tribunal affirming delegate’s decision not to grant a visa – protection claim relating to loan sharks – adverse credibility findings – no arguable case of jurisdictional error – application dismissed

MIGRATION – Student (Class TU) (Subclass 500) visa – application for judicial review - withdrawal from course enrolments - weight to be attributed in domain of the Tribunal - comparison with previous decisions of tribunals is misconceived – application for judicial review dismissed

MIGRATION – protection (subclass 866) visa – review of decision of the (then) Refugee Review Tribunal – applicant applied for FOI request for access to documents – applicant applied for Ministerial Intervention request – extension of time – significant delay – where there is no acceptable explanation for the delay – where there is no arguable case of jurisdictional error – not satisfied it is in the interests of administration of justice to grant an extension of time – application to extend the 35-day period is dismissed

MIGRATION – protection (subclass 866) visa – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – no appearance by the applicant at the Tribunal hearing – extension of time – significant delay – not satisfied that it is in the interests of the administration of justice to extend time – application for an order extending the 35-day period within which an application under s 477(1) of the Migration Act 1958 (Cth) may be made is dismissed

MIGRATION – student (subclass 500) visa – visa refused – first applicant in breach of cl 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) – decision of the (then) Administrative Appeals Tribunal to affirm delegate’s decision – judicial review – whether Tribunal denied the applicant procedural fairness – whether Tribunal failed to consider new evidence – whether Tribunal applied the wrong legal test – whether Tribunal failed to consider relevant facts – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

MIGRATION – student (subclass 500) visa – review of the decision of the (then) Administrative Appeals Tribunal (AAT) refusing to grant the first applicant a student visa – refusal to grant the second and third applicants visas as members of the family unit – where Tribunal found first applicant was not enrolled in a course of study – where first applicant provided an offer of admission of study – where offer of admission was conditional on student visa approval from AAT – whether Tribunal unreasonably refused to adjourn hearing to allow the first applicant to obtain a confirmation of enrolment – whether Tribunal denied the applicants procedural fairness – Tribunal’s decision attended by jurisdictional error– writ of certiorari issued – writ of mandamus issued

INDUSTRIAL LAW – Fair Work – Liability and penalty hearing – Failure to comply with issued Compliance Notice – First Respondent placed into liquidation in February 2024 – Calculation of penalty – Consideration of deterrence – Where the hearing proceeded undefended – Matters to be considered

MIGRATION – Immigration Assessment Authority – the Authority refusing to consider new information – whether the Authority considered whether the new information was capable of being believed – whether the Authority’s determination that the new information, a UNP membership card, was not genuine, was tantamount to determining that it was not capable of being believed.

MIGRATION – Protection (Class XA) (Subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to consider relevant material – considering irrelevant material – failure to afford procedural fairness – no jurisdictional error established – application dismissed.

MIGRATION – application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA misapplied s 473DD of the Migration Act 1958 (Cth) in the manner contended by the applicant – whether the IAA unreasonably failed to consider obtaining further information – whether the IAA failed to consider an integer of the applicant’s claim(s) – application dismissed

HUMAN RIGHTS – Public interest immunity claim over material produced – Disclosure of confidential information – Claim upheld.

MIGRATION – Costs – application for costs to be awarded in a fixed amount after determination of the matter following a final hearing – fixed costs order made

MIGRATION – Student (Subclass 500) visa – decision of Administrative Appeals Tribunal – where delegate determined that applicant not a genuine temporary entrant - where Tribunal found the applicant did not satisfy the primary criterion pursuant to cl 500.212 – no jurisdictional error – application dismissed

MIGRATION – Employer Nomination Permanent Appointment Visa – judicial review of a decision of the Administrative Appeals Tribunal – legal unreasonableness – irrationality or illogicality – materially correct understanding of the law – no jurisdictional error established– application dismissed

MIGRATION – Student (Subclass 572) visa – decision of Administrative Appeals Tribunal – where the applicant failed to maintain enrolment in a registered course for a period in excess of 12 months – where delegate determined that applicant breached condition 8202 and cancelled the visa pursuant to s 116 of the Migration Act 1958 (Cth) – where cancellation decision was affirmed on review – no jurisdictional error – application dismissed

MIGRATION – Skilled (Provisional) (Class VC) (Subclass 485) visa – decision of Administrative Appeals Tribunal – Tribunal affirming delegate’s decision not to grant a visa – whether the applicant’s qualifications were closely related to his nominated skilled occupation pursuant to cl 485.222 of the Migration Regulations 1994 (Cth) – whether the Tribunal gave adequate reasons for its decision –– whether the Tribunal failed to exercise its review jurisdiction – application dismissed

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – Tribunal affirming decision not to grant a visa – protection claim relating to alleged debts – allegation person assisting applicant with visa application failed to include relevant information – whether there was third party fraud on the Tribunal – whether issues with the interpretation of the Tribunal proceedings gave rise to material unfairness – whether the Tribunal overlooked the applicant’s claims – adverse credibility findings – no jurisdictional error – application dismissed

INDUSTRIAL LAW – Fair Work – Where the Applicant alleged the Respondent took adverse action against him because of a workplace complaint – Where the Applicant alleged the Respondent took adverse action against him because of his race – Where the Applicant alleged the Respondent contravened s. 323 of the Act because it failed to pay him in full at least monthly – Where the Applicant alleged that the Respondent organised action with an intent to coerce the Applicant not to exercise a workplace right in contravention of s. 343 of the Act – Where the Applicant alleged the Respondent exerted undue influence or undue pressure in contravention of s. 344 of the Act – Where the Applicant alleged the Respondent made a false or misleading representation in contravention s.345 of the Act – None of the Applicant’s claims is sustained – Application dismissed

MIGRATION – Student (Temporary) (class TU) (subclass 500) visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to afford procedural fairness – failure to consider circumstances relevant to genuine temporary entrant criterion – no jurisdictional error established – application dismissed

MIGRATION – Student (Temporary) (Class TU) (subclass 500) visa – review of a decision of the Administrative Appeals Tribunal – failure to consider according to law – failure to take into account considerations – misconstruing or misapplying an expression – no jurisdictional error established – application dismissed/ application allowed.

BANKRUPTCY – application under s.55(3B) of the Bankruptcy Act 1966 for direction to Official Receiver to accept or reject a debtor’s petition in circumstances where a creditor’s petition against a group of debtors was filed – debtor subsequently giving an authority to a trustee under s.188 of the Act – whether the application under s.55(3B) of the Act is stayed by force of s.188AAA of the Act because that application is related to a creditor’s petition.

INDUSTRIAL LAW – Fair Work – application for compensation and pecuniary penalties alleging serious contraventions of the Fair Work Act – where applicant performed work for putative employer over two distinct periods – whether applicant was employed or engaged in unpaid work experience – whether employment was continuous - where the arrangement between the parties had a migration purpose – where applicant was employed for one of the two periods – whether the respondents required the applicant to pay money to fund the costs of her employment – whether employee subjected to undue influence or pressure - where payments made by the applicant to the respondent – whether by reason of employee’s payments the employer discharged obligations under relevant Award and statutory obligations – determination of effective date of termination – where arrangement after termination intended to give impression of ongoing employment – contraventions of Fair Work Act found – accessorial liability of business owner - declarations made

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – Tribunal affirming delegate’s decision not to grant a visa – whether the Tribunal mislead the applicant – whether the Tribunal conducted the review in accordance with s 425 of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed

CONSUMER LAW –– Costs – Applications in a Proceeding – compliance with subpoenas – costs of the second respondent in the schedule amount to be paid – costs between the applicant and first respondent reserved.

MIGRATION – Application for judicial review – decision of Administrative Appeals Tribunal – citizens of Sri Lanka – refusal of Safe Haven Enterprise visa – whether constructive failure to exercise jurisdiction – whether proper formation of required state of satisfaction – whether illogicality or lack of an intelligible justification – whether denial of procedural fairness in failing to consider a claim or substantial argument – whether material jurisdictional error

MIGRATION - Administrative Appeals Tribunal – Visitor Visa (class FA) (subclass 600) refusal – whether time taken to make decision constitutes jurisdictional error – no error made out – application dismissed.