Judgments

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

MIGRATION – application for an injunction to restrain the Minister from exercising power of removal under s 198(5) of the Migration Act 1958 (Cth) pending the determination of an application for review to the Administrative Review Tribunal of a decision not to grant a Bridging E visa on character grounds – whether the operation of s 198(5) is suspended or deferred for such time as is necessary for the application for review to be determined – operation of s 198(5) not suspended – application for an injunction is dismissed. 
 

MIGRATION – Whether the Tribunal erred in finding that the applicant was not a genuine temporary entrant under cl 500.212 – where the Tribunal did not comply with a request for written reasons within the prescribed period under s 368D(4)(b) and this does not disclose jurisdictional error under s 368D(7)(b) – where the applicant contends the Tribunal did not afford him procedural fairness – where there is no jurisdictional error by the Tribunal – application dismissed 
 

MIGRATION – Whether the Tribunal erred in finding that the applicant was not a genuine temporary entrant under cl 500.212 – where the applicant contends the Tribunal failed to consider evidence –  no jurisdictional error by the Tribunal – application dismissed 
 

MIGRATION – Whether the Tribunal erred in finding that the applicant did not satisfy the requirements of PIC 4020 under cl 500.217 of the Regulations – where the applicant contends that PIC 4020 should not apply to him because he did not intentionally provide a bogus document as it was altered by someone else without his knowledge – where there was no jurisdictional error made by the Tribunal in finding the document was bogus in accordance with s 5(1) – application dismissed 
 

MIGRATION – Review of decision of registrar dismissing application to reinstate judicial review proceeding – judicial review proceeding dismissed due to non-appearance of applicant at callover – whether applicant provided satisfactory explanation for non-appearance at callover – prospects of success of underlying judicial review proceeding  PRACTICE AND PROCEDURE – Observations concerning abuse of process and consequences for applicant 
 

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant protection visa – whether Authority failed to consider applicant was a child at time events occurred – whether Authority acted unreasonably in not exercising power under s 473DC to obtain English translation of document in foreign language - application dismissed. 
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal made an error in its assessment of the reasonableness of relocation under s 36(2B)(a) of the Act - no jurisdictional error established – application dismissed.   
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal was misdirected in its statutory task in determining the student visa application – whether applicant met cl 500.213(1) – exemption in cl 500.213(2)(d) did not apply - no jurisdictional error established – application dismissed.    
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant medical treatment visa – whether applicant satisfied Sch 2 cl 602.215 – whether applicant was genuine temporary entrant for purpose of medical treatment visa – whether applicant denied applicant procedural fairness - no jurisdictional error established – application dismissed.  
 

MIGRATION - application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) affirming refusal of a protection visa – whether the IAA failed to consider evidence or claims – whether the IAA’s decision was otherwise affected by relevant error – application dismissed. 
 

MIGRATION – application for an injunction to restrain the Minister from exercising power of removal under s 198(5) of the Migration Act 1958 (Cth) pending the determination of an application for review to the Administrative Review Tribunal of a decision not to grant a Bridging E visa on character grounds – whether the operation of s 198(5) is suspended or deferred for such time as is necessary for the application for review to be determined – operation of s 198(5) not suspended – application for an injunction is dismissed. 
 

"BANKRUPTCY – Service of Bankruptcy Notice – Whether Creditor’s Petition is defective – Claims of procedural and evidential irregularities and deficiencies – Assertion of counter-claim, set-off, or cross demand

INTERIM APPLICATION – Seeking extension of compliance with Bankruptcy Notice – Seeking of stay pending other proceedings and applications.  "
 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal failed to provide applicant with opportunity to provide evidence – whether Tribunal breached s 426(3) of the Act - no jurisdictional error established – application dismissed.    
 

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – constructive denial of access to mental health services due to societal stigma – whether claim arose on the materials – whether applicant expressly made claim – whether Tribunal addressed claim in finding of greater generality – jurisdictional error established – writs issued.
 

"CORPORATIONS – Corporate party placed in liquidation – whether s.500(2) of the Corporations Act 2001 (Cth) imposed stay preventing court from delivering reserved judgment.

COURTS AND TRIBUNALS – Associated jurisdiction – nature of Federal Circuit and Family Court of Australia (Division 2)’s associated jurisdiction over matters arising under the Corporations Act 2001 (Cth) –  jurisdictional restriction imposed by s.58AA of the Corporations Act 2001 (Cth).

STATUTORY INTERPRETATION – generalia specialibus non derogant. "

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether applicant denied procedural fairness – whether Tribunal’s reasoning process was illogical and unreasonable - no jurisdictional error established – application dismissed.   
 

MIGRATION – Cancellation of protection visa - Where the Applicant was granted a protection visa in 2011 – Where in 2020 the Minister gave the Applicant a notice of an intention to consider cancellation of the visa because he had not complied with s.101(b) of the Migration Act 1958 (Cth) because he had given incorrect information on his visa application – Where in his response to the Notice the Applicant conceded that he had given incorrect information – Where the Minister exercised the discretion to cancel the visa under s. 109 and the Tribunal confirmed the Minister’s cancellation decision – Whether the Tribunal failed to consider a claim that the Applicant feared harm because he was of Kurdish ethnicity and because if he returned to Iran he would do so as a failed asylum seeker – Whether the Tribunal put the Applicant on notice of the issues on review - Whether the Tribunal’s finding was unreasonable in the legal sense – Application dismissed. 

MIGRATION LAW – Extension of time application - applicant filed 249 days out of time – insufficient explanation as to delay – Tribunal’s found that the review application was filed out of time and it had no jurisdiction – reasonable prospects of success not established – extension of time not warranted – costs ordered  

INDUSTRIAL LAW – review of a decision of a Registrar – hearing de novo – small claims jurisdiction – underpayment claim – casual cleaner over a six year period – agreed rates of pay and award rates of pay – calculation of underpayment – identification of the employer – jurisdiction not invoked – orders set aside

BANKRUPTCY – Ex Tempore – bankrupt failed to file a statement of affairs – trustee application under s 146 of the Bankruptcy Act 1966 (Cth) – pseudolegal argument - where the applicant alleges assents to legislation and appointments by the sovereign are invalid – application granted 

PRACTICE AND PROCEDURE - Duties of competence and compliance are not suspended simply because subject matter of litigation is migration – where applicant became represented 6 days before final hearing and solicitor sent correspondence to Court directing Court to adjourn

PRACTICE AND PROCEDURE - Duties of competence and compliance are not suspended simply because subject matter of litigation is migration – where applicant became represented 6 days before final hearing and solicitor sent correspondence to Court directing Court to adjourn

BANKRUPTCY – Ex Tempore – bankrupt failed to file a statement of affairs – trustee application under s 146 of the Bankruptcy Act 1966 (Cth) – pseudolegal argument - where the applicant alleges assents to legislation and appointments by the sovereign are invalid – application granted 
 

INDUSTRIAL LAW – review of a decision of a Registrar – hearing de novo – small claims jurisdiction – underpayment claim – casual cleaner over a six year period – agreed rates of pay and award rates of pay – calculation of underpayment – identification of the employer – jurisdiction not invoked – orders set aside
 

MIGRATION – Cancellation of protection visa - Where the Applicant was granted a protection visa in 2011 – Where in 2020 the Minister gave the Applicant a notice of an intention to consider cancellation of the visa because he had not complied with s.101(b) of the Migration Act 1958 (Cth) because he had given incorrect information on his visa application – Where in his response to the Notice the Applicant conceded that he had given incorrect information – Where the Minister exercised the discretion to cancel the visa under s. 109 and the Tribunal confirmed the Minister’s cancellation decision – Whether the Tribunal failed to consider a claim that the Applicant feared harm because he was of Kurdish ethnicity and because if he returned to Iran he would do so as a failed asylum seeker – Whether the Tribunal put the Applicant on notice of the issues on review - Whether the Tribunal’s finding was unreasonable in the legal sense – Application dismissed. 
 

MIGRATION LAW – Whether there was sufficient evidence before the Tribunal to enable it to make its findings – where there was evidence upon which the Tribunal’s findings were open – no jurisdictional error established – application dismissed. 
 

MIGRATION LAW – judicial review of a decision of the Administrative Appeals Tribunal to not grant a student visa – genuine temporary entrant criterion – where no jurisdictional error was established 
 

MIGRATION – Partner (Residence) (Class BS) (Subclass 801) visa – judicial review of decision of Administrative Appeal Tribunal not to grant visa – where the Tribunal was satisfied applicant and sponsor were in a relationship that has ceased – where the applicant alleged family violence committed by former sponsor - where Tribunal found that evidence presented did not meet reg 1.24 requirements – where applicant claims they were not put on notice of dispositive issue and that the Tribunal conducted itself unreasonably – no error established 
 

MIGRATION – protection visa – judicial review of decision of Administrative Appeals Tribunal - where Minister concedes Tribunal was non-compliant with s 424A of the Migration Act 1958 (Cth) – whether error is jurisdictional – whether materiality is relevant - whether error leads to practical injustice – where relief is discretionary - whether useful result could ensue if the application were allowed – application dismissed 
 

MIGRATION LAW – Whether Tribunal erred in the way it considered the applicant’s claims – no jurisdictional error established – application dismissed.
 

MIGRATION LAW – Extension of time application - applicant filed 249 days out of time – insufficient explanation as to delay – Tribunal’s found that the review application was filed out of time and it had no jurisdiction – reasonable prospects of success not established – extension of time not warranted – costs ordered  
 

MIGRATION LAW – Where the ground of review was unparticularised and meaningless – where the applicants reasons for being in Australia were economically based – where no protection obligations were owed to the applicant – no jurisdictional error established – application dismissed. 
 

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant protection visa – whether Authority failed to consider matters, evidence or claims – whether applicant made claims to Authority which applicant contends in court proceeding Authority did not consider – reason Authority did not refer to matters in statement of reasons was because matters were not material – whether Authority made incorrect finding of fact – application dismissed 
 

MIGRATION – Protection (Class XA)(subclass 866) – judicial review of a decision of the Administrative Appeals Tribunal – procedural fairness – adequacy of interpretation – failure to call witness to give evidence – no jurisdictional error established – application dismissed.  

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal misconstrued direction made under s 499 of Act and thereby failed to comply with direction – whether Tribunal excluded capacity of factor in direction to weigh in favour of applicant – application dismissed  

MIGRATION – Judicial Review – Where Administrative Appeals Tribunal (Tribunal) affirmed the decision not to grant applicant a student visa as it found the applicant was not a genuine applicant for entry and stay as a student as required under cl 500.212 – Whether Tribunal failed to consider the applicant’s circumstances – Whether Tribunal complied with procedural fairness obligations - Direction No. 108 considered – application dismissed. 

MIGRATION – Judicial Review – whether the Tribunal erred in determining that the applicant was not a genuine temporary entrant – where the Tribunal referred to Ministerial Direction No. 69 instead of Ministerial Direction No. 108 – where this error was not material and did not amount to jurisdictional error – application dismissed.  

MIGRATION – Judicial Review – Where Administrative Appeals Tribunal (Tribunal) affirmed the decision not to grant applicants student visas as it found the applicant did not satisfy PIC 4020 – application dismissed 

MIGRATION – Immigration Assessment Authority – Safe Haven Enterprise Visa – whether the Authority failed to take into account the outcome of its assessment under s.473DD(b)(i) of the Migration Act 1958 (“the Act”) in its assessment under s.473DD(a) of the Act - whether the Authority’s assessment under s.473DD(a) of the Act was irrational or illogical – whether the Authority asked the wrong question under s.473DD(a) of the Act – whether the Authority’s finding that the applicant was not a spy for the LTTE, but that he merely undertook observational tasks, was irrational. 

COSTS – section 570 of the Fair Work Act 2009 (Cth) – whether late amendment of pleadings constitutes an unreasonable act – relevant considerations.  

COSTS – section 570 of the Fair Work Act 2009 (Cth) – whether late amendment of pleadings constitutes an unreasonable act – relevant considerations.  

BANKRUPTCY – review of registrar’s decision – dispute arose between the applicant and the respondent concerning a Final Fee Notice – where applicant does not seek to prosecute creditor’s petition – circumstances where there is evidence that there are no other Creditors of the respondent – creditors petition dismissed – sequestration order set aside.  

FAIR WORK – Assessment of civil pecuniary penalty for contravention of s 716(5) of the Fair Work Act by failing to comply with a compliance notice given to it by the Fair Work Ombudsman – where second respondent knowingly involved in contravention – no corrective action or contrition – no antecedent conduct 

MIGRATION LAW – ex tempore reasons –  application for interlocutory injunction to restrain the Minister from removing the applicant from Australia – prima facie case not established – balance of convenience not in favour of Applicant – Application dismissed with costs   

MIGRATION – protection visa – judicial review of decision of Immigration Assessment Authority to refuse visa – where new DFAT country information published before Authority’s decision – whether Authority bound by Ministerial Direction no. 56 to consider most recent country information – whether unreasonable not to consider new information – whether Authority failed to properly assess whether documents were credible personal information – whether Authority failed to consider whether exceptional circumstances existed – whether Authority misunderstood or misinterpreted the law – whether logically probative basis existed for finding document was fabricated – jurisdictional error found – matter to be remitted 

INDUSTRIAL LAW – contravention of s 716(5) of the Fair Work Act 2009 (Cth) – liability conceded – consent to penalties proposed – whether the penalties and other orders proposed by the parties are appropriate – proposed orders made 

MIGRATION – Application for judicial review– Matter listed for a final hearing – No appearance by or on behalf of the applicant – Application dismissed for non-appearance –Order for costs. 

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 – Allegation that the Tribunal erred in determining that the applicant was not a genuine temporary entrant – Allegation that the Tribunal’s decision lacked clarity – Application dismissed. 

MIGRATION – Decision of Administrative Appeals Tribunal to refuse student visa – bias – failure to consider evidence – failure to intellectually engage - procedural fairness