Judgments

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

FAIR WORK – PRACTICE AND PROCEDURE – application to strike out statement of claim –statement of claim contains content that is likely to be embarrassing or cause delay in the proceeding – appropriate to strike out parts of the statement of claim and give applicant an opportunity to replead.   

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 – 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 failed to have regard to a relevant document – whether the Tribunal unreasonably failed to give the applicant more time to provide evidence – whether the Tribunal unreasonably failed to adjourn the hearing – whether the Tribunal acted unreasonably in exercising its discretion in s 362B(1A)(a) of the Migration Act 1958 (Cth) to make a decision on the review when the applicant failed to appear at the hearing – no jurisdictional error – application dismissed. 

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. 

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 consider, or gave insufficient weight to, evidence presented by the applicant – whether the Tribunal incorrectly applied the relevant legal tests – no jurisdictional error – application dismissed.  

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

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 – 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). 

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.    

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. 

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 (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 - 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. 

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

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 – 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 – Carer visa – grounds seeking impermissible merits review. 

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. 

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). 

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. 

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.

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 – application for an extension of time – decision made by the Administrative Appeals Tribunal– protection visa – whether the Tribunal acted unreasonably – whether the Tribunal denied the applicant procedural fairness – explanation for delay unsatisfactory – underlying application for judicial review lacks merit – extension of time refused. 

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. 

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 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 consider the evidence given by the applicant – whether the Tribunal failed to consider all of the claims advanced by the applicant – whether the Tribunal denied the applicant procedural fairness – no jurisdictional error – application dismissed.  

MIGRATION – student visa refusal – where Tribunal found no jurisdiction – no jurisdiction due to invalid application – application for extension of time to seek judicial review of Tribunal decision – delay not significant – no specific prejudice to the Minister – limited arguable case of jurisdictional error – application for extension of time refused. 

MIGRATION – application for an extension of time – substantive application seeking judicial review of the decision of the Immigration Assessment Authority – protection visa – delay of 40 days – where new DFAT country information published around 11 months 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 arguable grounds exist – extension of time granted. 

MIGRATION – medical treatment visa – application for reinstatement of application for judicial review – whether reasonable excuse for non-appearance at hearing – whether reasonable excuse for delay in bringing application for reinstatement – whether reasonably arguable grounds of review – application dismissed.

MIGRATION – Student (Temporary) (Class TU) (subclass 500) – judicial review of a decision of the Administrative Appeals Tribunal – application for an extension of time to bring judicial proceedings under s 477(2) of the Migration Act 1958 (Cth) – whether extension of time is necessary in the interests of the administration of justice – length of delay – prospects of success – application refused.  

MIGRATION – judicial review – refusal to grant the applicant a Medical Treatment (Visitor) (Class UB) visa – whether the Tribunal failed to consider a claim or an integer of a claim – whether the Tribunal breached s 360 of the Migration Act 1958 (Cth) and/or was legally unreasonable in failing to ask the applicant questions about her relationship with her elderly mother – whether the Tribunal failed to give genuine consideration to the applicant’s representative’s request to ask questions about the applicant’s relationship with her mother – no jurisdictional error – application dismissed.

MIGRATION – Whether Immigration Assessment Authority failed to engage with relevant considerations and to afford natural justice.

MIGRATION – extension of time in which to seek judicial review of a decision of the Administrative Appeals Tribunal not to grant the applicant a Medical Treatment (Visitor) (Class UB) (subclass 602) visa – applicant is a support person of the primary applicant in a related application – length and explanation for delay weigh in favour of the applicant – no jurisdictional error in the Tribunal’s decision not to grant a medical treatment visa to the primary applicant– no utility in granting leave for an extension of time – application dismissed. 

MIGRATION – judicial review – Visitor (Tourist) (subclass 600) visa – whether this Court has jurisdiction to review the Department of Home Affairs decision that an application for a visitor visa was invalid – whether to grant an extension of time to the applicant to bring an application to challenge the Department’s decision that an application for a visitor visa was invalid – delay of five years – extension of time refused in the interests of the administration of justice – application dismissed. 

PRACTICE AND PROCEDURE – Application made by applicant for recusal on the basis of apprehended bias – application dismissed. 

MIGRATION – Whether conclusions of the Immigration Assessment Authority were unreasonable, irrational and illogical by reason of relying on discrepancies in applicant’s accounts in circumstances where he claimed poor memory. 

MIGRATION – Application for review of a registrar’s decision – protection visa – whether the registrar erred in dismissing the application for judicial review – whether the underlying application has reasonable prospects of success – where the Administrative Appeals Tribunal found it did not have jurisdiction – application for review of a registrar’s decision dismissed – orders of the judicial registrar affirmed.   

MIGRATION – Application for judicial review of decision made by the Administrative Appeals Tribunal – student visa – whether the Tribunal failed to comply with procedural fairness obligations – whether the Tribunal erroneously relied on the applicant’s enrolment cancellation – application dismissed.