Judgments

MIGRATION – review of a decision of the Administrative Appeals Tribunal (‘Tribunal’) – protection visa – whether the Tribunal failed to consider relevant evidence provided in the visa application form – application dismissed.

MIGRATION – Protection visa – application for judicial review - summary dismissal - review of Registrar’s decision - extension of time - consideration of merits – no reasonable prospects of success - application dismissed.

MIGRATION – Employer Nomination (Permanent) (Class EN) visa – judicial review of a decision of the Administrative Appeals Tribunal – failure to consider – error of law – no jurisdictional error established – application dismissed.

MIGRATION –  judicial review – decision of Administrative Appeals Tribunal – Student (Temporary) (Class TU) (Subclass 500) visa – whether applicant satisfied genuine temporary entrant criterion in cl 500.212 of Schedule 2 – no jurisdictional error established – application dismissed – costs ordered

MIGRATION – protection visa – review of a decision of the Administrative Appeals Tribunal – application dismissed.

MIGRATION – review of a decision of the Administrative Appeals Tribunal (‘Tribunal’) – protection visa – criticisms of the Tribunal’s fact-finding process – whether the Tribunal was required to provide the Country Information Report to the applicant for comment – where the applicant alleged poor quality of the audio in the Tribunal’s remote hearing – no jurisdictional error established – application dismissed.

MIGRATION – Where the applicant made new claims in a hearing before the Tribunal in circumstances where those claims had not been raised before the delegate as the primary decision maker – where the Tribunal well appreciated that before it made an unfavourable finding as to the applicant’s credibility under s.423A of the Migration Act, it had to first be satisfied that the applicant had not provided a reasonable explanation for the omission to make the claim before the delegate – where unfavourable credibility finding made – where no error established - application dismissed.

FAMILY LAW – PARENTING – where the Mother failed to file material or attend the final hearing – where the Mother has repeatedly failed to return the child to the Father pursuant to Orders, encouraged her to abscond from the Father, and arranged for her abduction from school – where police have repeatedly executed Recovery Orders to return the child to her Father – where it remains in the child’s best interests to remain living with the Father despite her expressed views

INDUSTRIAL LAW – Where applicant failed to commence proceedings within 14 days of days of certificate issued by Fair Work Commission – whether time should be extended – where basis for delay said to be on medical grounds – where dispute as to veracity and content of medical certificate – extension of time refused

MIGRATION – protection visa – judicial review of decision of Immigration Assessment authority not to grant visa – whether applicant denied procedural fairness – scope of Part 7AA fast-track review considered – whether Authority should have accepted new information – whether applicants claims for protection properly considered – where applicant seeks impermissible merits review – no error established

MIGRATION – Where the applicant made new claims in a hearing before the Tribunal in circumstances where those claims had not been raised before the delegate as the primary decision maker – where the Tribunal well appreciated that before it made an unfavourable finding as to the applicant’s credibility under s.423A of the Migration Act, it had to first be satisfied that the applicant had not provided a reasonable explanation for the omission to make the claim before the delegate – where unfavourable credibility finding made – where no error established - application dismissed.

MIGRATION – judicial review – Medical Treatment visa – whether Tribunal erred in finding that arrangements have not been concluded to carry out the treatment – whether Tribunal erred in finding that applicant not a support person – no jurisdictional error established – application dismissed.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal considered irrelevant information – whether the Tribunal’s decision was affected by bias – whether there was “no evidence” to support the Tribunal’s findings – whether the Tribunal’s decision was “illogical” – no jurisdictional error – application dismissed.

MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal (‘Tribunal’) – student visa – whether the Tribunal erred in its interpretation of cl 500.212 of sch 2 to the Migration Regulations 1994 (Cth) – adequacy of the Tribunal hearing – application dismissed.

MIGRATION – Student visa cancellation – decision of the then Administrative Appeals Tribunal – matter listed for a final hearing (by video link) – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

MIGRATION – Review of determination that application for Bridging visa was invalid by reason of the bar in s 91K of the Migration Act – whether applicant was “detained” at time Minister made decision to grant him a temporary safe haven visa under s 195A(2) of the Migration Act such that s 91K applied

MIGRATION – judicial review – Medical Treatment visa – whether Tribunal erred in finding that arrangements have not been concluded to carry out the treatment – fresh evidence – no jurisdictional error established – application dismissed.

MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the inclusion of a non-operational email address in the delegate’s notification letter rendered the notification letter defective – whether the Tribunal was correct in determining that it did not have jurisdiction – whether the Tribunal’s decision was unreasonable – whether the Tribunal failed to take into account relevant considerations or took into account irrelevant considerations – whether the Tribunal denied the applicant procedural fairness – no jurisdictional error – application dismissed

MIGRATION – Student (Temporary) (Class TU) (Subclass 500) Higher Education Sector visa - application for judicial review – adjournment - costs.

MIGRATION - Administrative Appeals Tribunal - Student (Temporary) (class TU) (subclass 500) visas refused – whether the Tribunal committed jurisdictional error by failing to take into account relevant considerations – whether the Tribunal misconstrued or misapplied genuine temporary entry criteria pursuant to cl 500.212 – no jurisdictional error occurred – application dismissed.

 MIGRATION – Administrative Appeals Tribunal - Student (class TU) (subclass 500) visa  - allegation of legal unreasonableness – s 359 letter – where the applicant did not provide additional information to the Tribunal within the time frame -no jurisdictional error established – application dismissed.

MIGRATION – judicial review – extension of time application – partially satisfactory explanation for 24 day delay – no merit in grounds of review - extension of time refused – costs ordered

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 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)

INDUSTRIAL LAW – Fair Work – failure to comply with compliance notice – where default judgment entered – application for pecuniary penalties against employer and manager – penalties ordered

INDUSTRIAL LAW – application for declarations and orders due to failure to cleave to compliance notice and in failing to make payment in full for the performance of work  – application to proceed undefended – default by first and second respondents – orders on default by respondents

MIGRATION – Injunctive Relief – Urgent applicant - where applicant’s student visa cancelled at Australian border – where Minister sought to remove applicant imminently – where applicant’s proposed grounds of judicial review lack sufficient merit – where applicant can pursue judicial review application offshore – application for injunction dismissed

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL – applicant self-represented – oral application to adjourn the hearing not allowed – whether the Tribunal erred in making adverse credibility findings – whether the Tribunal’s findings are illogical or unreasonable – no jurisdictional error established – amended application dismissed with costs

MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Tribunal correctly found that it lacked jurisdiction in the matter – whether the applicant was validly notified of the Delegate’s decision – Sandor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 434 – application succeeds

MIGRATION – Partner visa – decision of the Administrative Appeals Tribunal – whether the Tribunal decision was affected by apprehended bias – whether the Tribunal relied on findings in a previous decision – whether the Tribunal failed to consider evidence – whether the Tribunal failed to apply an active intellectual process –jurisdictional error established – writs issued

MIGRATION – Partner Visa – Where Tribunal found there were no compelling reasons to not apply the Schedule 3 criteria – Incorrect definition of ‘compelling reasons’ – Failure to give proper and genuine consideration – no error established – application dismissed

MIGRATION – Protection (subclass 866) – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – no appearance by the applicant at the Tribunal hearing – applicant appeared after the scheduled hearing time before the Tribunal – judicial review – whether the Tribunal unreasonably made a decision on the review pursuant to s 426A(1A)(a) of the Migration Act 1958 (Cth) – whether Tribunal failed to consider alternate methods of conducting the review – Tribunal arrived at an intelligible decision-making process – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed

MIGRATION – Student (subclass 573) visa – decision of the (then) Administrative Appeals Tribunal – no appearance by or on behalf of the applicant – oral application to dismiss pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – application dismissed with costs

MIGRATION – REVIEW OF ADMINISTRATIVE REVIEW TRIBUNAL – applicant self-represented – whether Tribunal erred in applying country information – whether Tribunal erred in failing to accept findings previously made – whether Tribunal erred in considering the applicant’s claim to experience harm as a result of her sexual identity – no jurisdictional error found – application dismissed with costs

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE REVIEW TRIBUNAL – protection visa – applicant self-represented – whether Tribunal misconstrued significant harm – whether Tribunal failed to investigate the applicant’s claims – no jurisdictional error established – application dismissed with costs

MIGRATION – REVIEW OF ADMINISTRATIVE REVIEW TRIBUNAL – protection visa – applicant self-represented – whether Tribunal misconstrued significant harm – whether Tribunal failed to investigate the applicant’s claims – whether the Tribunal denied the applicant procedural fairness – no jurisdictional error established – application dismissed with costs

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE REVIEW TRIBUNAL – where applicant absent from the hearing – application dismissed pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 – applicant ordered to pay the first respondent’s fixed costs

MIGRATION – REVIEW OF ADMINISTRATIVE REVIEW TRIBUNAL – where applicant absent from the hearing – application dismissed pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 – applicant ordered to pay the first respondent’s fixed costs

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL – applicant self-represented – whether the Tribunal denied the applicant procedural fairness – no jurisdictional error established – application dismissed with costs

MIGRATION – REVIEW OF A DECISION OF THE ADMINISTRATIVE REVIEW TRIBUNAL – applicant self-represented – whether a denial of procedural fairness – whether the applicant made a claim relating to her mental health – whether the Tribunal had any duty to inquire – no jurisdictional error established – application dismissed with costs

FAIR WORK – Application for costs – Respondent seeks indemnity costs – Whether Application was filed without reasonable cause – Consideration of conduct of the Applicant – Whether indemnity costs as sought is appropriate – Applicant to pay costs in a fixed sum

MIGRATION – judicial review of Administrative Appeals Tribunal (Tribunal) decision – protection visa – whether the Tribunal erred into taking account relevant considerations – no jurisdictional error established – application dismissed.

essment Authority – whether applicant denied procedural fairness – where files relating to previous visa applications not before Authority – whether applicants claims for protection properly considered – consideration of fast track review process – no error found

MIGRATION – Whether the Tribunal failed to evaluate and consider a report purporting to constitute new country information – where report irrelevant to considerations - where no jurisdictional error established – where application dismissed.

MIGRATION – application for review of decision made by Registrar to summarily dismiss judicial review application – where Tribunal found that it did not have jurisdiction to conduct review – where application for review made out of time – where no adequate explanation for delay – where there is no reasonable prospect of success of judicial review application – extension of time refused with costs

MIGRATION – Application for judicial review – decision of Immigration Assessment Authority – citizen of Pakistan – Pashto ethnicity – whether failure to have regard to new information – date of publication of decision of Administrative Appeals Tribunal in another matter – whether Administrative Appeals Tribunal decision made before decision of delegate – consistency in administrative decision-making – whether unreasonableness or illogicality or irrationality – whether material jurisdictional error

MIGRATION – judicial review of Administrative Appeals Tribunal decision – dismissal for non-appearance – costs ordered

MIGRATION – Student visa – Impermissible merits review – Unparticularised grounds – Application dismissed

MIGRATION– Judicial review – decision not to grant a Protection (Class XA) (subclass 866) visa – unparticularised assertions that the Tribunal considered irrelevant and inaccurate information -unparticularised grounds of review- litigant in person - no jurisdictional error disclosed-application dismissed

MIGRATION – Judicial review application – decision of Immigration Assessment Authority – citizen of Pakistan of Pashtun ethnicity – whether Authority constructively failed to carry out statutory task to review decision of a delegate by reason of failure to consider important evidence within the review material – whether documents comprised part of the review material – whether documents considered – whether documents significant or consequential in relation to Immigration Assessment Authority decision – whether any failure to consider documents material – whether material jurisdictional error.

MIGRATION – protection (subclass 866) visa – review of decision of the (then) Administrative Appeals Tribunal (Tribunal) – no appearance by the applicant at the Tribunal hearing – judicial review – where applicant gave notice that he would not attend the Tribunal hearing – whether the Tribunal unreasonably made a decision on the review pursuant to s 426A(1A)(a) of the Migration Act 1958 (Cth) – Tribunal arrived at an intelligible decision-making process – Tribunal’s decision not attended by jurisdictional error – application for judicial review dismissed