Judgments
Division 2 - General federal law
Judgment published date:
MIGRATION – Medical Treatment visa – decision of the Administrative Appeals Tribunal – matter listed for a final hearing – 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).
Judgment published date:
MIGRATION – Injunction to prevent removal – relevant considerations.
Judgment published date:
INDUSTRIAL LAW – Practice and procedure – application by respondent for an order staying hearing submissions on damages, compensation, and penalties pending determination of application for leave to appeal against declarations that by purporting to summarily dismiss the applicant the respondent repudiated the applicant’s employment contract and contravened s 340(1) of the Fair Work Act 2009 (Cth) – whether proposed notice of grounds of appeal reveal reasonable prospects of success – whether balance of convenience favours the granting or refusal of a stay – application for a stay refused.
Judgment published date:
MIGRATION – application for judicial review of a decision made by the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa – whether the standard of interpretation at the hearing denied the applicant a fair hearing – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal’s approach to the assessment of the applicant’s credibility gave rise to jurisdictional error – no jurisdictional error – application dismissed.
Judgment published date:
MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal failed to consider whether the applicant faced indefinite detention as a result of his visa cancellation – whether the Tribunal was obliged to notify the applicant of its reliance on the 2018 DFAT report for Iran.
Judgment published date:
MIGRATION – Writ for Habeus Corpus – pending decision of High Court of Australia in ASF17- s78B notice- reasonable time- short adjournment
Judgment published date:
MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – extension of time application – lengthy delay – adequate explanation for delay provided – no prejudice to Minister if extension of time granted – no arguable case of jurisdictional error –– extension of time refused – effect of Ministerial intervention.
