Judgments

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal correctly applied the provisions of the Migration Act – whether the Tribunal drew an unreasonable inference – whether the Tribunal considered a claim – unreasonableness – no jurisdictional error – application dismissed. 

MIGRATION – application for judicial review of a decision made by the Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence or claims advanced by the applicant – whether the Tribunal made a jurisdictional error by failing to make inquiries – no jurisdictional error – application dismissed.   

MIGRATION – application for judicial review of a decision made by the Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence or claims advanced by the applicant – whether the Tribunal denied the applicant procedural fairness by failing to receive additional evidence or due to delay in hearing the application – no jurisdictional error – application dismissed.  

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal the Tribunal failed to consider a claim – whether Tribunal failed to consider the applicant’s claim that he was misled and wrongly advised by his migration agent – whether there was fraud by a third party or migration agent - no jurisdictional error established – application dismissed.   

MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – treatment of new information – whether IAA should have considered document alleging translation errors – whether IAA misconstrued s 473DD – whether IAA’s findings on credibility were unreasonable or illogical – whether IAA made same error as previously constituted IAA – no jurisdictional error – application dismissed. 

MIGRATION – Whether Immigration Assessment Authority erred by failing to accept certain claims – whether that failure was irrational or illogical – whether dissatisfaction that applicant faces a real chance of harm for reasons associated with his mental state constitutes error. 

MIGRATION – Partner (Temporary) (Class UK) (Subclass 820) visa – review of a decision of the Administrative Review Tribunal – procedural fairness – whether there was a failure to properly consider the applicant’s claims – no jurisdictional error established – application dismissed

BANKRUPTCY – application to review a registrar’s decision – where registrar dismissed application to set aside bankruptcy notice – not satisfied applicant has a cross-claim under 40(1)(g) of the Bankruptcy Act – review application dismissed.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – where Tribunal found applicant’s medical certificate did not contain adequate explanation as to why the applicant could not attend a telephone hearing – whether Tribunal’s finding was not logical or rational - jurisdictional error established – application allowed.

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant a protection visa – unparticularised grounds of judicial review are liable to be dismissed – Tribunal did not err in carrying out its statutory duty - no jurisdictional error established – application dismissed.  

MIGRATION – extension of time application – decision made by the Administrative Appeals Tribunal – protection visa – whether the explanation for the delay is satisfactory – whether the Tribunal should have found the notification of the delegate’s decision invalid – underlying application for review lacks merit – extension of time refused.   

MIGRATION – Protection (Class XA) (subclass 866) visa – judicial review of a decision of the Administrative Appeals Tribunal – exercise of discretion to dismiss for non-appearance – no jurisdictional error established – application dismissed. 

MIGRATION – review under s 476 of the Migration Act 1958 (Cth) – dismissal of applicant’s protection visa application on the basis that the original claim was economically motivated – claim of persecution on the basis of bisexuality/LGBTQI plus identity – no real chance of harm in all parts of Malaysia.  

MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal – Bridging E (Class WE) visa – whether the Tribunal breached s 360 of the Migration Act 1958 (Cth) – no jurisdictional error disclosed – application dismissed. 

MIGRATION - application for reinstatement – protection visa application - not satisfied the applicant has a reasonably arguable case - not satisfied there will be any utility in reinstating the proceedings – no arguable jurisdictional error - application for reinstatement dismissed.  

MIGRATION – application for review of a registrar’s decision – employer nomination visa – application for judicial review summarily dismissed by a judicial registrar – application for review of a registrar’s decision filed out of time – underlying application lacks merit – extension of time refused. 

MIGRATION – judicial review application -  decision of Administrative Appeals Tribunal refusing to grant Employer Nomination (subclass 186) visas – where sponsor’s visa nomination application refused – whether Tribunal made an error when considering “Benchmark A” to determine if Nominator complied with training contribution obligations – whether Tribunal erred in its approach to the definition of “payroll” – whether there was a denial of procedural fairness - application dismissed.

MIGRATION – where application for judicial review of a decision of the then Administrative Appeals Tribunal was filed outside of the statutory timeframe – where applicant did not offer reasonable or acceptable explanation for the delay, no particular prejudice, public interest favours finality and substantive application not reasonably arguable and lacking in merit – held that further time for making the application not be allowed. 

MIGRATION – application for judicial review – decision made by the Administrative Appeals Tribunal – employer nomination visa – whether the Tribunal gave clear particulars of a relevant issue – whether the Tribunal should have addressed the second applicant’s circumstances – errors made not jurisdictional in nature – Tribunal unable to reach any other outcome – application dismissed. 

MIGRATION – Student (Temporary) (Class TU) (subclass 500) visa – judicial review of a decision of the Administrative Appeals Tribunal – unreasonableness – illogicality and irrationality – failure to consider – procedural fairness – no jurisdictional error established – application dismissed.  

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant a medical treatment visa – consideration of migration history falls within s 602.215(c) – lack of treatment for medical conditions - no jurisdictional error established – application dismissed. 

MIGRATION – Judicial Review – student visa – genuine temporary entrant – broad allegations of procedural unfairness – invitation to impermissibly engage in merits review of delegate’s decision – application dismissed.

MIGRATION – application for judicial review – application for Protection (Class XA) (Subclass 866) visa –applicant in immigration detention – extension of time application – extension of time granted –– whether Administrative Review Tribunal erred by applying unreasonable reasoning – no jurisdictional error established – application dismissed. 

MIGRATION – Whether Immigration Assessment Authority erred by failing to have regard to additional information – whether factual findings made without evidence – challenges to factual findings. 

MIGRATION - Application for judicial review – Student (Subclass 500) visa – Non-appearance by applicant - Application dismissed pursuant to rr 5.08(c), 5.10(a), 22.04(1)(a)(i) of the Rules. 

MIGRATION- protection visa – application for judicial review of decision of Administrative Review Tribunal –  whether Tribunal complied with procedural fairness obligations in s 55 of the ART Act – whether Tribunal complied with s 106(3) of the ART Act in making a decision without a hearing where the applicant requested –  what is meant by issues for determination - whether issues could be adequately determined - whether decision legally unreasonable – where new dispositive issues raised - whether failure to consider evidence – whether failure to consider integers –  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 affirmed – whether Tribunal’s decision was affected by jurisdictional error –no jurisdictional error found – 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 affirmed – whether Tribunal made a jurisdictional error in applying s 423A – no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – extension of time application – whether satisfactory explanation for delay of 9 days in filing application – merits of underlying application – extension of time refused  MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa on basis that applicant did not provide current evidence about whether applicant had criminal history in country of nationality – whether exercise of power by Tribunal to request current evidence was legally unreasonable – whether Tribunal denied applicant procedural fairness. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – applicant absent from Court hearing – dismissal for non-appearance. 

MIGRATION – Protection (Class XA) visa - Application for judicial review – Whether Tribunal failed to consider each integer of the claims - Whether correct legal test applied - Whether Tribunal decision legally unreasonable – Tribunal decision not legally unreasonable - No material jurisdictional error identified - Application dismissed.

MIGRATION – Protection (Class XA) visa - Application for judicial review – Whether Tribunal failed to consider each integer of the claims - Whether correct legal test applied - Whether Tribunal decision legally unreasonable – Tribunal decision not legally unreasonable - No material jurisdictional error identified - Application dismissed.

 MIGRATION – protection (subclass 866) visa – application seeking constitutional writ of Tribunal decision to affirm Ministers decision – no jurisdictional error – application dismissed.  

MIGRATION – judicial review – decision of Immigration Assessment Authority refusing to grant protection visa –whether Authority erred in declining to exercise power under s 473DC to invite applicant to give new information at interview – whether error of fact by Authority involved jurisdictional error – application dismissed. 

MIGRATION – application for review of registrar’s decision – registrar dismissed reinstatement of judicial review application – whether in interests of administration of justice to set aside registrar’s decision – hearing de novo of reinstatement application – no reasonable prospects of success – review application dismissed.

MIGRATION – Administrative Appeals Tribunal - student visa – applicant not having a certificate of enrolment – Tribunal refusing application for adjournment – applicant having had ample time to obtain a certificate of enrolment. 

INDUSTRIAL LAW – where the second respondent was unco-operative throughout the proceeding – where it was important that all employers appreciate and understand that they are required to comply with provisions of industrial relations legislation – where no contrition was shown for non-compliance with a Compliance Notice – orders for the payment of a pecuniary penalty made accordingly.

BANKRUPTCY – application for the sale of property – vesting of property – co-ownership – indemnity costs – orders made consistent with the trustee’s obligations under s 30 of the Bankruptcy Act 1966 (Cth).   

MIGRATION - judicial review – protection visa - where Tribunal confirmed its decision to dismiss the application before it given the non-appearance by the Applicant – HELD no error established by the Tribunal – application dismissed.

MIGRATION – judicial review – student visa – where visa cancelled because Applicant was not enrolled in a registered course of study – whether Tribunal erred by affirming decision of a delegate of the Minister to cancel the visa – HELD no error by the Tribunal – application dismissed. 

MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal did not consider relevant considerations – whether the Tribunal’s decision was affected by error of law – whether the Tribunal’s decision was legally unreasonable.

MIGRATION - protection visa – application to review decision of Administrative Appeals Tribunal – whether failure to consider evidence including country information – weight given to country information – whether Tribunal had duty to inquire - whether Tribunal biased – whether decision legally unreasonable – whether procedurally unfair – presence of extra Tribunal Member as observer - application dismissed. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – whether a claim was made or clearly emerged to the effect that the applicant faced risk of harm on account of his religion – whether such a claim was considered by the Tribunal – writs issued. 

MIGRATION – Application for judicial review – Two decision - Protection (Class XA) (subclass 866) visa - Bridging visa – Whether Tribunal had jurisdiction to entertain the review because the application was out of time - Whether the notification of outcome of decision was deemed to have been received – Whether application for visa was finally determined – Whether applicant entitled to General Bridging Visa - No jurisdictional error – Application dismissed.

MIGRATION – Judicial Review – protection visa – review of ex tempore decision of the Tribunal – complementary protection – whether Tribunal misapplied s 5J(6) of the Migration Act 1958 (Cth) – whether new issues arose before the Tribunal on review – whether Tribunal failed to consider distinct integers of the claim – active and intellectual engagement – adequacy of reasons – legal unreasonableness – no jurisdictional error – application dismissed.

MIGRATION – application for reinstatement – where judicial review application dismissed following non-appearance by applicant at hearing – whether applicant provided satisfactory explanation for failure to appear at hearing - whether judicial review application has reasonable prospects of success – application dismissed. 

MIGRATION - Student (Class TU) (Subclass 500) visa – Application for judicial review – Whether Tribunal considered all evidence and claims – Denial of natural justice - No jurisdictional error – Application dismissed. 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal misconstrued the definition of ‘significant harm’ in s 36(2A) of the Migration Act 1958 (Cth) – whether the Tribunal failed to investigate the applicant’s claims – whether the Tribunal complied with its procedural fairness obligations – whether the Tribunal failed to consider evidence that was before it – no jurisdictional error established – application dismissed. 

MIGRATION – application for judicial review of delegate’s decision – jurisdiction of Federal Circuit and Family Court in respect of primary decisions – no jurisdiction – application dismissed. 

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – application for an extension of time – where the delay was not significant – where the explanation for the delay was unsatisfactory – where the merits of the substantive application were not strong – whether the applicant was properly notified of the delegate’s decision – application for extension of time dismissed.