Judgments

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 – 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 – 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.

FAMILY LAW – Parenting – spend time arrangements – where the father seeks order that the children spend supervised time with him - where the children have not seen the father for five years – where one of the children has never met the father – unacceptable risk – allegations of family violence – whether there is a benefit to the children of being able to have a relationship with both parents – consideration of what arrangements will promote the safety of the children – whether supervision of the children’s time with the father will ameliorate identified risks – consideration of mother’s capacity to provide for the children’s needs if there is an order for supervised time with the father – where order for supervised time will expose the children and the mother to unacceptable risk – allocation of decision-making about major long-term issues – HELD that the father spend no time and have no communication with the children, and that the mother have sole decision-making for all major long-term issues relating to the children.

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

FAIR WORK – interlocutory application – review of registrar’s decision not to enter default judgment against respondent – review dismissed - respondent sought orders striking out various parts of the statement of claim – respondent sought orders to summarily dismiss one of the claims in the statement of claim – some paragraphs in the statement of claim to be struck out. 

MIGRATION – protection visa – application for an injunction to restrain the Minister from removing the applicant from Australia – where no underlying application – effect of application for bridging visa – effect of request for Ministerial intervention – application of s 198(5) – application of s 197E – application for interlocutory injunction 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 – Protection (Class XA) (Subclass 866) visa – whether application to Tribunal was lodged out of time – meaning of ‘end of day’ in section 494C of the Migration Act 1958 (Cth) – meaning of ‘transmit’- held that application was lodged out of time – application dismissed. 

MIGRATION – application for judicial review - Partner (Temporary) (Class UK) (Subclass 820) and Partner (Residence) (Class BS) (Subclass 801) – whether Tribunal failed to engage with and properly consider evidence relating to family violence – whether Tribunal failed to afford procedural fairness - application dismissed  

MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal affirming a decision not to grant the applicant a protection visa – whether the ART failed to consider, or gave insufficient weight to, the applicant’s evidence and claims – whether the ART denied the applicant procedural fairness – whether the ART failed to comply with s 367A of the Migration Act 1958 (Cth) – no jurisdictional error – application dismissed.  

PRACTICE AND PROCEDURE – application for an extension of time to file a general protections court application under the Fair Work Act 2009 (Cth) – extension of time granted.   

PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to his 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 – Judicial Review – protection visa – credibility findings – allegation of denial of procedural fairness – allegation of bias – whether error arose out of Tribunal’s misstatement of an aspect of country information – whether error disclosed in Tribunal’s consideration of the applicant’s delay in lodging the protection visa application – no jurisdictional error – application dismissed.

CHILD SUPPORT – Costs - where the appeal was dismissed - where the Child Support Registrar is seeking costs in respect to the failed appeal - held that the respondent pay to the Child Support Registrar costs in the sum of $7,543 

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).    

BANKRUPTCY - property jointly owned by the respondent and the bankrupt - proceeds of sale currently in the trustee's trust account as a result of realising the property of the bankrupt - the legal title is what the trustee was entitled to act upon 

 FAIR WORK – applicant has failed to appear – appropriate to exercise the Court’s powers under r 5.10 of the rules to dismiss the applicant's proceedings – proceedings dismissed 

DEFAMATION – assessment of damages  

CONSUMER LAW – application for orders requiring delivery of a vehicle subject to a security interest registered under the Personal Property Securities Act 2009 (Cth) – evidence that the vehicle was transferred to the second respondent, a non-party to the security agreement – orders made requiring delivery of the vehicle and keys by the second respondent according to a specified procedure – opportunity for the second respondent to seek discharge or variation of the orders within a specified period 

MIGRATION – Application for student visa – criterion for visa enrolment in course of study - where applicant consented to matter being dealt with without a Tribunal hearing – where Tribunal afforded applicant 8 months to submit evidence in support of review and refused request for additional time – not unreasonable for Tribunal to so proceed where applicant claimed to be awaiting Tribunal decision before obtaining Confirmation of Enrolment – criteria for grant of the visa not met – Tribunal affirmed decision under review – application dismissed

MIGRATION – application for constitutional writ of a decision of the ART – refusal to grant a Subclass 500 student visa – considerations for GTE criterion – strength of incentives to return to home country – value of the course of study to future employment prospects – Court found no jurisdictional error – application dismissed.  

MIGRATION  – judicial review of a decision of the Immigration Assessment Authority to not grant a protection visa – where grounds of review are unparticularised – where the Applicant challenged the merits of the decision – where no jurisdictional error could be established 

MIGRATION – Application for student visa – applicant a citizen of Nepal – Tribunal determined applicant did not satisfy criterion in cl 500.212 of sch 2 of the Migration Regulations 1994 (Cth) – no jurisdictional error identified – application dismissed.

MIGRATION – Extension of Time – Delay of eight years, six months and eleven days – Non-attendance of applicant – Extension of time dismissed pursuant to rr 5.08(c), 5.10(a) and 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 student visa – primary applicant citizen of Nepal – Tribunal determined applicant did not satisfy criterion in cl 500.212 of sch 2 of the Migration Regulations 1994 (Cth) – whether Tribunal erred by failing to provide an interpreter – applicant did not seek assistance of interpreter – applicant did not demonstrate any subversion of the review – Tribunal did not fail to give proper, genuine and realistic consideration to application – no jurisdictional error – application dismissed. 

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

MIGRATION – Review of summary dismissal by Registrar – protection visa application – where Tribunal dismissed application after applicants failed to appear at hearing and failed to apply for reinstatement within prescribed period – whether application has no reasonable prospect of success – where applicants claim they did not receive invitation to Tribunal hearing – where Tribunal invitation transmitted to last email address provided by the applicant in connection with the application – application allowed. 

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

FAIR WORK – application for extension of time – originating application filed two days out of time – delay attributed to technical issues with electronic lodgment system – principles for granting an extension of time considered – reasonable explanation for delay – no prejudice to respondents – extension of time granted pursuant to s 370 of the Fair Work Act 2009 (Cth).  

MIGRATION – Carer visa – grounds seeking impermissible merits review. 

MIGRATION – review of summary dismissal by Registrar – protection visa application – where Tribunal dismissed application after applicant failed to appear at hearing – where applicant failed to apply for reinstatement within prescribed period – whether application has no reasonable prospects of success – application for review dismissed

MIGRATION – judicial review of decision of the Administrative Appeals Tribunal to affirm cancellation of Skilled Recognised Graduate visa – common ground that visa application attached bogus documents – whether bogus document ‘given or caused to be given’– whether applicant victim of fraud by migration agent - knowledge of visa applicant – whether Tribunal failed to make obvious inquiries – whether Tribunal considered all relevant facts and arguments – application dismissed. 

MIGRATION – Protection (Subclass 866) visa - Extension of Time – Delay of 1418 days – Explanation for delay inadequate - Extension of time dismissed – Application for judicial review – Application for judicial review had no arguable merit. 

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 inappropriately relied on delay in making a protection visa application in rejecting the claims for protection – whether the Tribunal unreasonably failed to exercise its discretion in s 424 of the Migration Act 1958 (Cth) to get further evidence from the applicants – whether the Tribunal failed to act in a way that is fair and just by not inviting them to comment on the delay – no jurisdictional error – application dismissed

MIGRATION - protection visa – application for judicial review of decision of the Administrative Appeals Tribunal – whether jurisdictional error arose due to delay between Tribunal hearing and decision – whether procedural fairness not afforded because of non-disclosure of s438 Certificate – application dismissed. 

FAIR WORK – application for pecuniary penalties and declaration of contravention of s 502 of the Fair Work Act 2009 (Cth) – where permit holder hindered or obstructed union official in exercise of rights under Part 3-4 by denial of access to areas where employees took meal or other breaks – pecuniary penalty imposed. 

CHILD SUPPORT- Appeal – Notice of Appeal failed to establish that there had been an error in law made by the Administrative Appeals Tribunal – Appeal dismissed – Costs reserved pending written submissions.    

MIGRATION - applicant has failed to appear - appropriate to exercise the Court’s powers under r 5.10(a) of the rules to dismiss the proceedings – proceedings dismissed. 

INDUSTRIAL LAW – general protections – adverse action – workplace rights – whether employee exercised workplace rights by making a bullying complaint – whether employer took adverse action against employee – factual dispute as to character of the decision taken about the employee’s position – decision to make position redundant constituted adverse action within the meaning of s 342 of the Fair Work Act 2009 (Cth) (FW Act) – whether adverse action taken because of the exercise of workplace rights – reverse onus of proof under s 361(1) of the FW Act- evidence of decision maker as to reasons for taking adverse action accepted – where satisfied that the adverse action was not taken because of the exercise of the established workplace right – reverse onus discharged – general protections claim dismissed  INDUSTRIAL LAW  – alleged contraventions of s 50 of the FW act for contravening terms of the Dandenong Casey General Practice Association Certified Agreement 2009-2019 –  whether employer failed to consult about major change – whether employer failed to take all reasonably practicable steps to provide a working environment that is safe and without risks to health – contraventions established – declarations made and compensation awarded – the question of penalty to be determined at a separate hearing. 

MIGRATION – Application for judicial review of a decision made by the Administrative Review Tribunal – whether the Tribunal misapplied the ‘real chance’ test – whether the Tribunal was required to apply the ‘what if I am wrong?’ test – whether the Tribunal appropriately took into account any doubt in its factual findings – no jurisdictional error – application dismissed.

FAIR WORK – costs application – application under s 570(2)(b) Fair Work Act 2009 (Cth) – whether unreasonable act or omission – no order as to costs. 

INDUSTRIAL LAW – Fair Work – failure to comply with compliance notice – application for civil penalties and compensation under s 545(2)(b) of the Fair Work Act 2009 (Cth) – where respondents failed to engage in the proceeding and declarations of contravention made on the basis of their deemed admissions – where first respondent remains registered – where no evidence of contrition or cooperation with regulator – where need for specific and general deterrence – jurisdiction under s 545(2)(b) not engaged where no quantifiable loss causally linked to the contraventions – order for penalties and for the first respondent to take the steps required by the compliance notice pursuant to s 545(2)(d). 

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 unreasonable findings without evidence and without asking itself what the consequences would be if an alternative interpretation were correct – no jurisdictional error – application dismissed.  

INDUSTRIAL LAW – Practice and Procedure – applicants seeking declarations of contravention of civil remedy provisions of the Fair Work Act 2009 (Cth) – application for default judgment against respondents in circumstances where they failed to comply with Court orders and to appear at hearing – default judgment entered in respect of applicants’ claim – respondents’ defence struck out and cross-claim dismissed – declarations of contravention – compensation awarded for underpayments and loss of entitlements – issue of penalty to be determined on the papers. 

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – extension of time – no appearance by or on behalf of the applicant – application dismissed for non-appearance 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 – Where Tribunal refused to grant the applicant a protection visa – where the applicant contends the Tribunal was unreasonable and/or failed to take into account a relevant consideration by failing to acknowledge deficiencies in the hearing process – where the applicant contends the Tribunal was unreasonable in having regard to evidence before the delegate of which there was no evidence – where the applicant contends the Tribunal failed to make a determination regarding which country was the country of nationality of the applicant under s 5H – whether the Tribunal was unreasonable by not considering claims of harm raised in a country that is not the applicant’s receiving country – no jurisdictional error by the Tribunal – application dismissed. 

MIGRATION – application for an extension of time – decision made by the Immigration Assessment Authority – protection visa – whether the Authority failed to properly consider the applicant’s claims – whether the Authority should have considered new information – whether the Authority came to an unreasonable conclusion – underlying application for judicial review lacks merit – extension of time refused.