Judgments

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 – 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 – 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. 

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 – 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 – 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 – 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 – 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 – 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. 

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

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

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.   

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 an extension of time – decision made by the Administrative Review Tribunal – student visa – where the Tribunal made administrative errors – reasonable explanation for delay – underlying application has limited prospects of success – extension of time refused.  

MIGRATION – Whether findings of Tribunal failed to engage with evidence – whether identified inconsistencies were based on minor and immaterial discrepancies.   

MIGRATION – Application for review of a registrar’s decision – employer nomination visa – whether the registrar erred in dismissing the applicant’s application for judicial review – whether the application for judicial review has reasonable prospects of success – where there was no valid employer nomination before the Administrative Appeals Tribunal – application for review of a registrar’s decision dismissed – orders of the judicial registrar affirmed.

PRACTICE AND PROCEDURE – Fair Work Act proceeding – application by applicants to appear and give evidence at trial via video-link – where one applicant resides in Italy and the other in Switzerland – where applicants claim hardship – where applicants contend small quantum of claim disproportionate to travel costs and other inconvenience – where applicants seek relief including imposition of civil penalties – where events occurred nearly 7 years ago – where identity of employer disputed and respondent denies connection with applicants – extensive cross-examination expected – discussion of principles relevant to court’s exercise of discretion – 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 – student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to consider evidence – whether the Tribunal breached s 359AA – whether the Tribunal failed to consider relevant material – whether inconsistent findings – no evidence – relevance of PAM guidelines – no jurisdictional error established – application dismissed. 

BANKRUPTCY – Application to review a registrar’s decision – review application made out of time – where the applicant is 417 days out of time – application dismissed and bankruptcy notice not set aside.

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant applicant student visa – criterion for visa that applicant must give evidence of English language proficiency to Minister “if required to do so by the Minister” – Tribunal found criterion not satisfied because applicant did not give evidence – whether Tribunal must require or request specified evidence – whether Tribunal required or requested specified evidence – application dismissed.

MIGRATION – Student (Subclass 500) visa refused – False or misleading information in application for visa held in the 12 months before application made – Public interest criteria not met – Circumstances to justify waiver of public interest criteria do not exist – No jurisdictional error established – Application dismissed.  

MIGRATION – Temporary Graduate (class VC) (Post-Study Work) (subclass 485) visa-Tribunal affirmed decision of delegate – Applicant had not met cl 485.212(1)(a) criterion – English test results revoked after date of visa application – Consideration of whether requirements of cl 485.212(1)(a)(i) met at time application made – Whether test undertaken after visa application made of a kind contemplated by cl 485.212(1)(a) – No jurisdictional error established – Application dismissed.

MIGRATION – protection visa – decision of the Administrative Appeals Tribunal – whether Tribunal failed to consider a claim or an integer of a claim – procedural fairness – whether Tribunal relied on incorrect information – misunderstanding of Court’s jurisdiction – no jurisdictional error established – application dismissed. 

PRACTICE AND PROCEDURE – Omission of declarations and orders from Order made following trial – application of the slip rule to amend Order made following trial – relevant considerations – exercise of power to vary or set aside an Order under the slip rule not restricted to the trial judge. 

MIGRATION – temporary protection visa – decision of the Immigration Assessment Authority – whether IAA made irrational finding – whether IAA understood and engaged with applicant’s claim – whether IAA should have invited applicant to interview – unreasonable exercise of s 473DC – jurisdictional error established – writs issued.  

CONSUMER PROTECTION – RECOVERY ACTION FOR MOTOR VEHICLE – Applicant seeks a declaration and orders for recovery of a vehicle under the Personal Property Securities Act 2009 (Cth) in respect of which it loaned moneys to the first respondent– Where the respondents each have not engaged in the proceedings – Finding that the Applicant is entitled to recovery of the vehicle under s.123 of the Personal Property Securities Act 2009 (Cth) – Declarations and orders made for recovery. 

MIGRATION – student visa – decision of the Administrative Appeals Tribunal – consideration of PIC 4020 – whether Tribunal erred in referring to its finding on PIC 4020(1) or the circumstances underpinning its conclusion in that regard in making a finding on PIC 4020(4) – no jurisdictional error established – application dismissed. 

MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal required to put to applicant for comment country information on which Tribunal relied – whether denial of procedural fairness – application dismissed. 

MIGRATION – application for remedies in relation to decisions delegates of the Minister made on 14 November 2024 and 6 May 2025 purportedly pursuant to reg 2.25AB of the Migration Regulations 1994 (Cth) (Regulations) and cl 070.612A(1) of Schedule 2 to the Regulations to impose curfew and monitoring device conditions on the grant of a Class WR Bridging R (Removal Pending) (subclass 070) visa (BVR) – whether the delegates considered each of the prerequisites the delegates were required to consider before the delegates could be satisfied that the curfew and monitoring device conditions could be imposed – whether reg 2.25AB and reg 2.25AE are repugnant to the Migration Act 1958 (Cth) (Act)– whether those regulations are beyond the regulation making power conferred by s 504(1) of the Act – the delegates did not consider and therefore did not reach the requisite state of satisfaction in relation to an essential prerequisite to the granting of the curfew and monitoring device conditions – regulations 2.25AB and 2.25AE are not repugnant to the Act nor their making beyond s 504(1) of the Act – declaratory relief granted.

INDUSTRIAL LAW – Multiple contraventions of Fair Work Act including underpayment and termination of employment for exercising workplace rights – where all but one contravention conceded during course of proceedings, including by post-hearing submissions. 

MIGRATION – application for student visa – whether applicant a genuine applicant for entry and stay as a student – whether applicant intends genuinely to stay in Australia temporarily – applicant wife sought to commence study after husband completed studies in Australia – applicant a dependant on husband’s student visa – husband now a dependant on applicant’s student visa application – where Tribunal affirmed decision under review – claims Tribunal failed to deal with a substantial claim of the applicants about reasons for wife’s study – claims Tribunal erred by failing to ask applicants to expand on their accounts and by imposing improper requirement for documentary evidence – no jurisdictional error demonstrated – application dismissed.

MIGRATION - Temporary Graduate (class VC) Temporary Graduate (Post-Study Work) (subclass 485) visa– refusal for failure to apply for police check – no real or genuine dispute that resolvable in an applicant’s favour- application for review of Registrar’s summary dismissal– no reasonably arguable error– futility of remittal– application dismissed. 

PRACTICE AND PROCEDURE – Application for matter to be held in abeyance – interpretation of provisions of the Administrative Review Tribunal Act 2024 (Cth)-  consideration of the interests of administration of justice -application refused.

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 properly consider new claims raised at the hearing – whether the Tribunal misinterpreted or gave insufficient weight to documents provided by the applicant – whether the Tribunal failed to afford the applicant a fair hearing – no jurisdictional error – application dismissed.  

PRACTICE AND PROCEDURE – Associated jurisdiction – whether Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to make order under s 453S of Corporations Act.