Judgments
Division 2 - General federal law
Judgment published date:
INDUSTRIAL LAW - Where respondent underpaid his employee – where applicant served a Compliance Notice upon the respondent – where the respondent co-operated with the applicant during the course of the proceeding and remedied all underpayments – where a Statement of Agreed Facts was filed – declaration made accordingly.
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MIGRATION – Protection visa – Application for extension of time to commence judicial review application – Where there is a delay of 16 months – Where no satisfactory explanation for the delay – Where the “real chance” test under the refugee criterion and the “real risk” test under the complementary protection criterion import the same test – Where the Tribunal found that there was not a “real chance” or a “real risk” because the chance or risk of harm was remote or insubstantial if the Applicant returned to the receiving country – Where the proposed grounds of judicial review are not reasonably arguable – Application for extension of time dismissed
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MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – whether the Department failed to invite the applicant to attend an interview – whether the Tribunal failed to provide the applicant with an opportunity to provide information – whether the Tribunal failed to comply with the guidelines set out in The United Nations High Commissioner for Refugees’ “Handbook on Procedures and Criteria for Determining Refugee Status” – whether the Tribunal failed to consider relevant information – whether the Tribunal exceeded its jurisdiction by inviting the applicant to attend a hearing – no jurisdictional error – application dismissed.
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MIGRATION – Student visa – decision of the Administrative Appeals Tribunal – application for an extension of time – lengthy delay – no prejudice – inadequate explanation provided – no arguable case of jurisdictional error – extension of time refused.
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MIGRATION – Medical Treatment visa – decision of the 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).
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MIGRATION – Injunction to prevent removal – relevant considerations.
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INDUSTRIAL LAW – Practice and procedure – application by respondent for an order staying hearing submissions on damages, compensation, and penalties pending determination of application for leave to appeal against declarations that by purporting to summarily dismiss the applicant the respondent repudiated the applicant’s employment contract and contravened s 340(1) of the Fair Work Act 2009 (Cth) – whether proposed notice of grounds of appeal reveal reasonable prospects of success – whether balance of convenience favours the granting or refusal of a stay – application for a stay refused.
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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 – whether the standard of interpretation at the hearing denied the applicant a fair hearing – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal’s approach to the assessment of the applicant’s credibility gave rise to jurisdictional error – no jurisdictional error – application dismissed.
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MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal failed to consider whether the applicant faced indefinite detention as a result of his visa cancellation – whether the Tribunal was obliged to notify the applicant of its reliance on the 2018 DFAT report for Iran.
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MIGRATION – Writ for Habeus Corpus – pending decision of High Court of Australia in ASF17- s78B notice- reasonable time- short adjournment
Judgment published date:
MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – extension of time application – lengthy delay – adequate explanation for delay provided – no prejudice to Minister if extension of time granted – no arguable case of jurisdictional error –– extension of time refused – effect of Ministerial intervention.
