Judgments

MIGRATION LAW – Whether the reasons of the Authority lacked an intelligible basis or failed to disclose a reasoning process which led to its decision – no jurisdictional error established – application dismissed.

MIGRATION – Partner (Residence) (Class BC) (Subclass 801) visa – review of a decision of the Administrative Appeals Tribunal – whether the Tribunal properly considered all of the circumstances of the parties’ relationship, including all the matters in r 1.15A(3) of the Migration Regulations 1994 (Cth) – no jurisdictional error established – application dismissed. 

MIGRATION – Regional Sponsored Migration Scheme (subclass 187) visa – no approved nomination – review of Administrative Appeals Tribunal (“Tribunal”) decision – no reasonable prospects of success.   ADMINISTRATIVE LAW – Allegation that the Tribunal’s decision affected by jurisdictional error by reason that its discretion miscarried when it denied the applicant’s request for an adjournment. 

MIGRATION – student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal erred by failing to invite the applicants to attend a hearing before it – whether the Tribunal’s invitation letter was invalid because it failed to reference s 359A of the Migration Act 1958 (Cth) or notify the applicants that failing to respond would result in a decision being made – no jurisdictional error established – application dismissed.

MIGRATION – judicial review of Tribunal’s decision to confirm the decision to dismiss the application to the Tribunal for review of delegate’s decision after the applicants failed to appear at the hearing and failed to apply for reinstatement of the application within the prescribed period – de novo review of Judicial Registrar’s decision ordering summary dismissal on the basis that the applicants have no reasonable prospects of successfully prosecuting their application for judicial review – finding that the applicants have no reasonable prospects of successfully prosecuting their application for judicial review – application dismissed. 

PRACTICE AND PROCEDURE – Recusal application.

MIGRATION – Protection (Class XA) visa – judicial review of a decision of the Administrative Appeals Tribunal – whether failure to consider relevant country information – no jurisdictional error established – application dismissed. 

MIGRATION – Decision of Administrative Appeals Tribunal to affirm decision to refuse protection visa – whether evidence not considered – whether Tribunal biased – whether credibility findings legally unreasonable – whether findings on minimal country information open to the Tribunal – application dismissed. 

INDUSTRIAL LAW – FAIR WORK – whether the Hospitality Industry General Award 2020 applied – whether there was an agreement between the parties for the applicant to take annual leave – whether the applicant took annual leave during his employment – whether the applicant had a period of untaken annual leave when the employment ended – whether the second respondent is involved in the first respondent’s admitted contraventions of ss 535 and 536 of the Fair Work Act 2009 (Cth). 

INDUSTRIAL LAW– FAIR WORK - where a compliance notice was issued to the respondents on 2 December 2022 – where the first respondent disputes the inspector’s reasonable belief under s 716(1) of the Fair Work Act 2009 (Cth) - there was no appearance of the second respondent – where the respondents dispute the underlying contravention and the qualifications of the employee – where no application under s 717 was made – where the respondents’ liability is established – declarations that the respondents contravened s 716(5) made – matter listed for a penalty hearing and procedural directions made. 

BANKRUPTCY – writ of possession issued – vacant possession orders made – no appearance by or on behalf of the respondents at hearing. 

BANKRUPTCY – application for review of a sequestration order made by a Registrar – whether s 78B(1) of the Judiciary Act 1903 (Cth) applied to prevent the hearing of the application – s 78B(1) did not apply because the constitutional matter sought to be raised by debtor lacked substance and in any event there were matters that were severable from the asserted constitutional matter the debtor sought to raise – whether hearing of application for review should be adjourned - application for an adjournment refused because there would be no utility in granting the adjournment – whether the debtor is able to pay her debts – not satisfied debtor able to pay her debts – no other reasons why sequestration order ought not be made – application for review dismissed and sequestration order affirmed. 

HUMAN RIGHTS  - disability discrimination – hearing of issues remitted by Full Federal Court – whether on the evidence that was admitted at the initial hearing and the new evidence that was admitted pursuant to leave to reopen that was granted after the matter was remitted the applicant has established on the balance of probabilities that the respondent dismissed the applicant from her employment because of her disability – applicant unable to discharge that burden – application dismissed. 

HUMAN RIGHTS - practice and procedure – notices to produce – application to set aside – whether issued for legitimate forensic purpose – notices to produce set aside in part. 

MIGRATION – Protection visa – Application for extension of time - Whether the Court has jurisdiction to entertain an application for judicial review under s 476 of the Act in relation to a notification letter - Whether the nomination letter complied with s 66(2)(d)(ii) of the Migration Act 1958 (Cth) - Whether an extension of time should be granted – Application dismissed.  

MIGRATION – Judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – finding by Tribunal that applicant did not intend genuinely to stay in Australia temporarily – no point of principle – application dismissed. 

MIGRATION – application for judicial review – refusal of Student (Temporary) (class TU) Student (subclass 500) visa – applicant not enrolled in a course of study – whether Tribunal failed to consider claims – whether Tribunal did not afford the applicant procedural fairness –  failure of Department to provide the Tribunal with the CoE – no jurisdictional error – application dismissed. 

MIGRATION – Application for judicial review – decision of the Administrative Appeals Tribunal affirming decision not to grant Protection (subclass 866) visa – whether Tribunal failed to consider integer of claim – no jurisdictional error established – application dismissed. 

MIGRATION – Whether the Tribunal failed to make its decision having regard to the best interests of a child being a primary consideration in its decision-making process – where Tribunal duly carried out its decision-making function – where no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – extension of time application – whether satisfactory explanation for delay - merits of underlying application – extension of time refused. 

BANKRUPTCY – Application to review a registrar’s decision not to set aside a bankruptcy notice – review application made out of time – where the applicant is 417 days out of time – application dismissed and bankruptcy notice not set aside.

MIGRATION – Whether Tribunal erred by misconstruing the term “reasonably practicable” for the purposes of reg 1.04(2)(c)(i)(B) of the Migration Regulations 1994 (Cth). 

BANKRUPTCY – application for extension of time within which to review decision of the Registrar – no reasonable excuse – no arguable case for the substantial relief sought – application refused. 

 MIGRATION – medical treatment visa – application for extension of time to seek judicial review of the Tribunal decision – minimal delay – explanation for the delay – no prejudice to the Minister – no arguable case of jurisdictional error - application for extension of time refused. 

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 – Where the applicant alleges that the Tribunal did not afford him procedural fairness – Where the applicant was found not to be a genuine temporary entrant – Application dismissed. 

MIGRATION -  application for judicial review – combined Partner (Temporary) (Class UK) (Subclass 820) and Partner (Residence) (Class BS) (Subclass 801) Visa – where Administrative Review Tribunal affirmed decision not to grant applicant the visa as applicant failed to satisfy cl 820.211(2)(a) or cl 820.211 of the Regulations – whether Tribunal erred by finding that no compelling reasons existed – found no jurisdictional error on behalf of the Tribunal – application dismissed. 

MIGRATION – Application for Student (Temporary) (Class TU) visa – Review of Administrative Appeals Tribunal (“Tribunal”) decision – Allegation that the Tribunal’s decision was affected by jurisdictional error – Where the Tribunal was required to consider a substantial, clearly articulated claim – Whether the Tribunal had sufficient regard to relevant clauses contained in Ministerial Direction 69 – Whether the phrase “no adverse finding” amounts to a finding – Where jurisdictional error on the part of the Tribunal is established. 

MIGRATION - Safe Haven Enterprise Subclass 760 protection visa – Application for urgent injunctive relief to restrain Minister from removing unlawful non-citizen - Whether serious question to be tried or a prima facie case – Whether balance of convenience favours grant of interlocutory application - 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 misconstrued provisions of the Migration Act 1958 (Cth) – whether the Tribunal failed to consider a claim or integer of a claim – whether the Tribunal made an unreasonable decision – no jurisdictional error – application dismissed. 

MIGRATION – application for Protection (Class XA) (Subclass 866) visa – Administrative Review Tribunal not satisfied that applicant is a person to whom Australia owes protection obligations as outlined in s 36(a) or (aa) –delegate’s decision to refuse the grant of the visa affirmed – whether Tribunal failed to take into account relevant considerations – no jurisdictional error established – application dismissed.

MIGRATION – application for Protection (Class XA) (Subclass 866) visa – Administrative Review Tribunal not satisfied that applicant is a person to whom Australia owes protection obligations as outlined in s 36(a) or (aa) –delegate’s decision to refuse the grant of the visa affirmed – whether Tribunal failed to take into account relevant considerations – no jurisdictional error established – application dismissed.

MIGRATION – judicial review – protection visa –application to Administrative Appeals Tribunal – procedural fairness – fraud – where migration agent engaged in fraud in lodging visa application – where migration agent did not inform applicant of invitation to attend Tribunal hearing – applications dismissed for non-appearance - whether third-party fraud stultified the decision making of the Tribunal – whether Tribunal constructively failed to exercise statutory duty because of fraud – whether the applicant was recklessly indifferent as to the fraud – writs issued.

MIGRATION - application for judicial review – student (Temporary) (Class TU) (Subclass 500) visa – where Administrative Appeals Tribunal affirmed decision not to grant applicant the visa as applicant did not comply with cl 500.212(a) of the Migration Regulations – whether the Tribunal’s decision was affected by jurisdictional error – found no jurisdictional error on behalf of the Tribunal – application dismissed. 

MIGRATION – application for Protection (Class XA) (Subclass 866) visa – Administrative Appeals Tribunal not satisfied that applicant is a person to whom Australia owes protection obligations as outlined in s 36(a) or (aa) –delegate’s decision to refuse the grant of the visa affirmed – whether Tribunal failed to take into account relevant considerations – no jurisdictional error established – application dismissed.

MIGRATION – where the Tribunal affirmed a decision of a delegate of the First Respondent to cancel the applicant’s (Subclass 500) Student visa – where the Tribunal does not expressly refer to Department’s Procedures Advice Manual Guidelines — Procedural Instruction General visa cancellation powers – where the Court accepts the Tribunal considered the guidelines in its assessment – where the Tribunal failed to consider Australia’s international obligation under the Convention on the Rights of the Child – application allowed.

INDUSTRIAL LAW – Admission as to liability – assessment of pecuniary penalties – extraordinary circumstances. 

MIGRATION – student visa – decision of the Administrative Appeals Tribunal – consideration of PIC 4020 – whether Tribunal erred in referring to its finding on PIC 4020(1) or the circumstances underpinning its conclusion in that regard in making a finding on PIC 4020(4) – no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal required to put to applicant for comment country information on which Tribunal relied – whether denial of procedural fairness – application dismissed. 

MIGRATION – application for remedies in relation to decisions delegates of the Minister made on 14 November 2024 and 6 May 2025 purportedly pursuant to reg 2.25AB of the Migration Regulations 1994 (Cth) (Regulations) and cl 070.612A(1) of Schedule 2 to the Regulations to impose curfew and monitoring device conditions on the grant of a Class WR Bridging R (Removal Pending) (subclass 070) visa (BVR) – whether the delegates considered each of the prerequisites the delegates were required to consider before the delegates could be satisfied that the curfew and monitoring device conditions could be imposed – whether reg 2.25AB and reg 2.25AE are repugnant to the Migration Act 1958 (Cth) (Act)– whether those regulations are beyond the regulation making power conferred by s 504(1) of the Act – the delegates did not consider and therefore did not reach the requisite state of satisfaction in relation to an essential prerequisite to the granting of the curfew and monitoring device conditions – regulations 2.25AB and 2.25AE are not repugnant to the Act nor their making beyond s 504(1) of the Act – declaratory relief granted.

MIGRATION – temporary protection visa – decision of the Immigration Assessment Authority – whether IAA made irrational finding – whether IAA understood and engaged with applicant’s claim – whether IAA should have invited applicant to interview – unreasonable exercise of s 473DC – jurisdictional error established – writs issued.  

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 – Omission of declarations and orders from Order made following trial – application of the slip rule to amend Order made following trial – relevant considerations – exercise of power to vary or set aside an Order under the slip rule not restricted to the trial judge. 

PRACTICE AND PROCEDURE – Associated jurisdiction – whether Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to make order under s 453S of Corporations Act. 

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 failed to properly consider new claims raised at the hearing – whether the Tribunal misinterpreted or gave insufficient weight to documents provided by the applicant – whether the Tribunal failed to afford the applicant a fair hearing – no jurisdictional error – application dismissed.  

PRACTICE AND PROCEDURE – Application for matter to be held in abeyance – interpretation of provisions of the Administrative Review Tribunal Act 2024 (Cth)-  consideration of the interests of administration of justice -application refused.

INDUSTRIAL LAW – Multiple contraventions of Fair Work Act including underpayment and termination of employment for exercising workplace rights – where all but one contravention conceded during course of proceedings, including by post-hearing submissions. 

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 – application for student visa – whether applicant a genuine applicant for entry and stay as a student – whether applicant intends genuinely to stay in Australia temporarily – applicant wife sought to commence study after husband completed studies in Australia – applicant a dependant on husband’s student visa – husband now a dependant on applicant’s student visa application – where Tribunal affirmed decision under review – claims Tribunal failed to deal with a substantial claim of the applicants about reasons for wife’s study – claims Tribunal erred by failing to ask applicants to expand on their accounts and by imposing improper requirement for documentary evidence – no jurisdictional error demonstrated – application dismissed.

MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence that was before it – whether the Tribunal’s reasoning was open to it on the material before it – limitations of the Court’s role on judicial review – application dismissed. 

MIGRATION - Temporary Graduate (class VC) Temporary Graduate (Post-Study Work) (subclass 485) visa– refusal for failure to apply for police check – no real or genuine dispute that resolvable in an applicant’s favour- application for review of Registrar’s summary dismissal– no reasonably arguable error– futility of remittal– application dismissed.