Judgments

MIGRATION – application for protection visa refused by delegate of the Minister – claim to fear of persecution due to practising Catholic participating in underground churches in China – family affiliation with church leadership – whether the Tribunal relied on ‘adverse country information’ – whether independent country information was not relevant to applicant’s circumstances – whether the applicant would be pressured to join a State-sanctioned church – would pressure to join a State-sanctioned church amount to persecution for the purposes of a protection visa – judicial review – application dismissed. 

MIGRATION – Partner visa – whether Tribunal misconstrued test in respect of compelling reasons to not apply Schedule 3 criteria, or undertook assessment of compelling reasons in unreasonable manner – mere satisfaction of primary visa criterion does not constitute “compelling reason”. 

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant a student visa – whether Tribunal gave disproportionate weight to applicant’s previous partner visa – whether Tribunal failed to take into account relevant matters – whether the Tribunal erred in finding an application for a visa which would entitle a person to reside in Australia permanently is inconsistent with the conduct of a person who intends to reside in Australia temporarily – whether finding was unreasonable because of illogicality or irrationality – whether Tribunal failed to consider or give proper weight - no jurisdictional error established – application dismissed.    

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant medical treatment visa – whether Tribunal’s decision was unreasonable and contrary to the evidence – whether Tribunal erred in referring to or giving weight to the applicant’s immigration history – whether Tribunal afforded the applicant procedural fairness - no jurisdictional error established – application dismissed.     

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

MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal erred by failing to consider relevant material – whether Tribunal misunderstood the applicant’s evidence – whether Tribunal’s credibility finding was illogical or irrational - no jurisdictional error established – application dismissed.      

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

INDUSTRIAL LAW – SMALL CLAIMS  - superannuation claim under the terms of a workplace determination – where the respondent has applied for an order for summary judgment – whether the workplace determination obliges the respondent to make a payment in respect of defined benefits superannuation – whether leave to amend the application should be granted – application for summary judgment made out – amended application filed by the applicant dismissed.  

MIGRATION – judicial review – refusal to grant a Partner (Residence) (Class BS) visa – whether the Tribunal failed to apply the statutory test required by IMMI 12/116 thereby constructively failing to exercise its jurisdiction – whether the applicant’s application included a “non-judicially determined claim of family violence” is a jurisdictional fact that this Court can determine for itself – writ of mandamus issued to Tribunal requiring it to determine the application for review according to law. 

MIGRATION – Student visa – where the Applicant failed to have a current certificate of enrolment – whether procedural fairness was accorded to the Applicant – no jurisdictional error made out. 

INDUSTRIAL LAW – practice and procedure – various interlocutory applications made in three proceedings the applicant employee commenced against his former employer in one of which the applicant joined the former employer’s parent company – declarations made in relation to the validity of notices to admit facts - orders made summarily dismissing the second and third proceeding to the extent of some of the claims made in those proceedings - and orders made setting aside notices to produce in whole and in part.

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 made a jurisdictional error by failing to make inquiries in relation to the process of the applicant applying for a protection visa or whether an interpreter was required or available to assist him at the hearing – whether the Tribunal denied the applicant procedural fairness by inviting him to provide further claims and evidence without explaining the effect of s 423A of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.    

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicants protection visas – whether the Tribunal made a jurisdictional error by failing to make inquiries in relation to the process of the applicants applying for protection visas – no jurisdictional error – application dismissed.    

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 –Application dismissed. 

MIGRATION – Student (Subclass 500) visa - Application for judicial review – Whether failure to provide procedural fairness or to provide justice – Where applicant waived right to Tribunal hearing - No material jurisdictional error identified - Application dismissed. 

MIGRATION – Protection visa – Application for an extension of time – Financial hardship claims – No evidence – Application dismissed.

MIGRATION – Student (Subclass 500) visa - Application for judicial review – Where alleged fraud by agent - Whether the Tribunal misconstrued the Regulations – Whether Decision was unreasonable – No material jurisdictional error identified - Application dismissed.

MIGRATION – application for judicial review of a decision made by the Immigration Assessment Authority – whether the Authority failed to consider a claim for protection made by the applicant – no jurisdictional error – application dismissed. 

MIGRATION – Application for extension of time to bring judicial review proceeding – Consideration of merits of the substantive application – Where it is in the interests of the administration of justice to extend time. 

PRACTICE AND PROCEDURE— application in a proceeding seeking to strike out various paragraphs of statement of claim – where applicant identifies a large number of alleged decision makers in his amended statement of claim – where respondents contend that these allegations fall foul of rules of pleadings – whether the decision maker allegations are likely to cause prejudice, embarrassment or delay in the proceeding – whether each decision maker allegation fails to disclose a reasonable cause of action – where tension exists in authorities about necessity to plead identity of decision makers whose state of mind is to be attributed to body corporate -  strike out application allowed with leave to the applicant to replead – no orders as to costs. 

EVIDENCE – interim proceedings – application to strike out evidence of settlement negotiations – section 131 exceptions – whether evidence of a conversation between representatives involving an alleged threat is covered by s131 – matters to be considered. 

MIGRATION - Skilled Graduate (Subclass 485) visa - Application to review orders of a Registrar - Practice and Procedure - Extension of time – Change of Rules - Extension of time granted – Summary dismissal – Whether application for judicial review has reasonable prospects of success – Whether applicant denied procedural fairness- No denial of procedural fairness – No jurisdictional error identified – Application for review dismissed - Orders of Registrar affirmed. 

PRACTICE AND PROCEDURE – Application in a proceeding – whether leave to be granted for a non-lawyer to appear for a corporation. 

MIGRATION –  where no jurisdictional error was established on the part of the Tribunal – where the Applicant failed to appear at the hearing – application dismissed. 

PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to her judicial review application – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).   

MIGRATION – Application for an extension of time – decision made by the Immigration Assessment Authority –protection visa – whether the Authority failed to apply the statutory tests correctly – whether the Authority denied the applicant procedural fairness – underlying application for judicial review lacks merit – extension of time refused. 

MIGRATION – Application for judicial review – Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visa. 

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision not to grant the applicant a student visa – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal made wrong findings on factual issues – no jurisdictional error – application dismissed.   

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – judicial review – no appearance by or on behalf of the applicant – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth). 

MIGRATION – Partner visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to take into account a relevant consideration – whether the Tribunal failed to determine that the applicant did not meet cll 820.211 and 820.221 in Schedule 2 of the Migration Regulations 1994 (Cth) – no jurisdictional error established – application dismissed. 

MIGRATION – Temporary Business Entry (Skilled) (subclass 457) visa – Where the primary applicant could only meet the mandatory criteria for the grant of a visa if her sponsor’s nomination of an occupation in relation to her was approved – Where her sponsor’s nomination was not approved –Where because the primary applicant was refused the visa a necessary consequence was that other members of her family unit were not granted visas – Application dismissed. 

MIGRATION – Temporary Graduate (Class VC) (Subclass 485) visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal erred by relying on the evidence provided to it by the applicant’s course provider – whether the Tribunal erred by failing to request the applicant’s final course assignments from the applicant’s course provider – typographical error or misdescription in the Tribunal’s decision – no jurisdictional error established – application dismissed.  

MIGRATION – Application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA relevantly erred in relying upon the applicant’s evidence at an entry interview – whether the IAA failed to consider a claim – writs issued.

MIGRATION – Application for review of a reinstatement decision made by a Registrar – relevant considerations – where the underlying substantive application has no reasonable prospect of success – orders previously made set aside, with the result that the originating application is dismissed.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to approve a nomination of position - requirement for training specified in statutory instrument – statutory instrument specified ‘recent expenditure’ in provision of training – whether ‘recent expenditure’ refers to expenditure in months prior to lodging nomination or in months prior to decision.

STATUTORY CONSTRUCTION – meaning of term ‘recent expenditure’ in statutory instrument  - role of departmental policy in interpreting term in statutory instrument – role of explanatory statement in interpreting term in statutory instrument. 

MIGRATION – judicial review – request by applicant to Tribunal for adjournment of review or additional time to provide further evidence – Tribunal refused request – whether Tribunal’s refusal to exercise procedural discretionary power to adjourn review was legally unreasonable – failure of Tribunal to consider that departmental policy was misleading and applicant relied on misleading departmental policy.

PRACTICE AND PROCEDURE – Whether procedural rules apply at the time of filing or time of decision and/or should be dispensed with – principle of presumption against retrospectivity – 2021 Rules apply and dispensation not appropriate.

MIGRATION – Partner visa – application for review of a summary dismissal decision made by a Registrar filed 7 days outside of proscribed timeframe – consideration of factors relevant to exercise of the discretion to allow further time for filing – unusual circumstance of recent rule changes – application devoid of merit – application refused with costs. 

MIGRATION - application for judicial review – student (Temporary) (Class TU) (Subclass 500) visa – where Administrative Appeals Tribunal affirmed decision to cancel the visa under s 116(1)(e)(i) of the Migration Act – whether the Tribunal’s decision was affected by jurisdictional error – found no jurisdictional error on behalf of the Tribunal – application dismissed.

MIGRATION – Judicial review – refusal to grant a Partner (Temporary) (Class UK) (Subclass 820) visa – whether the Tribunal failed to give proper, genuine or realistic consideration to the opinions of the friends and acquaintances of the applicant and his visa sponsor about the nature of the relationship as stipulated by r1.15A(3)(c)(ii) of the Migration Regulations 1994 (Cth) – approach to corroborative evidence in cases where the “well is poisoned beyond redemption” – no jurisdictional error – application dismissed. 

MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – extension of time – no appearance by or on behalf of the applicant – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

MIGRATION – Judicial review – decision of Administrative Review Tribunal refusing to grant protection visa – applicant absent from Court hearing – dismissal for non-appearance. 

MIGRATION – Application for judicial review of a decision by the Immigration Assessment Authority (“IAA”) – whether the IAA failed to address all integers of the applicant’s claims, or constructively failed to exercise jurisdiction – application dismissed. 

MIGRATION – application for judicial review of a decision made by the Immigration Assessment Authority – protection visa – whether the Authority unreasonably failed to exercise its discretion to ‘get’ new information under s 473DC of the Migration Act 1958 (Cth) – whether the Authority considered exercising its discretion under s 473DC of the Act but unreasonably decided against it – application dismissed.

MIGRATION – Judicial review – refusal to grant the applicant a Partner (Temporary) (Class UK) visa – whether the Tribunal failed to comply with the requirements of s 359A of the Migration Act 1958 (Cth) in failing to give clear particulars of information – no jurisdictional error – application dismissed.

MIGRATION – decision of Administrative Appeals Tribunal cancelling resident return visa – exercise of discretionary power to cancel visa after Tribunal found applicant provided incorrect information in visa application – Tribunal accepted applicant may face real chance of serious harm if required to return to Pakistan but found cancellation would not lead to applicant’s removal in breach of Australia’s non-refoulement obligations – whether error by Tribunal in finding that Australia’s non-refoulement obligations would not be breached.

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 made a jurisdictional error– no jurisdictional error established – application dismissed.

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

BANKRUPTCY – application to review a registrar’s decision – application dismissed – costs – applicant to pay the respondent’s costs. 

MIGRATION – non-appearance by or on behalf of the applicants after withdrawal by solicitor – limited engagement with the proceeding more generally – application dismissed for non-appearance – costs. 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – judicial review – no appearance by or on behalf of the applicant – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth). 

MIGRATION - Skilled Nominated (Permanent) (Subclass 190) visa – Application for judicial review – Typographical errors in Tribunal reasons – Alleged failure to discharge statutory task of review – Unreasonable decision making – Bias – Application dismissed.