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Note: Section 121 of the Family Law Act 1975 makes it an offence, except in very limited circumstances, to publish or distribute a report of a case or part of a case, including information contained in a Judgment, which identifies parties, related or associated persons, witnesses or others involved in the case. A breach of the section is a criminal offence. The section also sets out certain limited defences to criminal liability. An example is where the Court has expressly authorised the publication.

  • Winter v GHD Services Pty Ltd [2019] FCCA 775

    Published date: 29 Mar 2019

    INDUSTRIAL LAW – Application for summary dismissal – whether applicant “Australian-based employee” – whether contract of employment formed in Australia – whether law of Australia applied to contract – application dismissed.

  • Turkish Kebab and Pizza Shop Pty Ltd v Minister For Home Affairs & Anor [2019] FCCA 188

    Published date: 29 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – whether the Tribunal identified and applied the correct law – whether the Tribunal incorrectly considered a legislative instrument – whether there has been a derogation of an existing right which was in place at the time of the making of the nomination application – no jurisdictional error identified – application dismissed.

  • Ramnath & Anor v OPM Quickleen International Pty Ltd & Anor [2019] FCCA 749

    Published date: 29 Mar 2019

    CONSUMER LAW–  Whether a company engaged in misleading and deceptive conduct – whether a company director engaged in misleading and deceptive conduct – whether a company’s agent engaged in misleading and deceptive conduct – whether representations made by a company in trade or commerce  – whether representations made by a company director in trade or commerce  – whether representations made by a company’s agent in trade or commerce  – did the applicant rely on these representations – contraventions found.

  • Luna-Ferrandiz v Miss Kitty & Anor [2019] FCCA 666

    Published date: 29 Mar 2019

    PRACTICE AND PROCEDURE – No steps taken in litigation – no appearances – order for dismissal.

  • Hayat & Ors v Minister For Home Affairs & Anor [2019] FCCA 190

    Published date: 29 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – application for Temporary Business Entry (Class UC) visas – application reliant on the outcome of proceedings SYG 2324 of 2018 – no approved nomination in accordance with the criterion of the Migration Regulations 1994 (Cth) – application dismissed.

  • DKM18 v Minister For Home Affairs [2019] FCCA 779

    Published date: 29 Mar 2019

    MIGRATION – Application to review decision of Minister that protection visa application was invalid – summary dismissal application – non-appearance by Applicant.

  • DKM16 v Minister For Home Affairs & Anor [2019] FCCA 608

    Published date: 29 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – application for a Protection (Class XA) visa – whether the Tribunal identified the relevant law – whether the Tribunal’s adverse credibility findings were open on the material before it – whether the Tribunal had a duty to investigate the applicant’s claims – whether the Tribunal brought an independent and impartial mind to the determination of the matter – no jurisdictional error made out – application dismissed under r 44.12 of the Federal Circuit Court Rules 2001.

  • CQY18 v Minister for Home Affairs & Anor [2019] FCCA 755

    Published date: 29 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a protection visa – applicant claiming a fear of harm in Bangladesh – applicant not believed – numerous errors alleged – no arguable case of jurisdictional error.

  • CHG15 v Minister for Immigration & Anor (No.2) [2019] FCCA 704

    Published date: 29 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a medical treatment visa – Tribunal finding that the applicant was ineligible because the visa application was not made within the prescribed time period – grounds of review addressing the merits of the decision – whether the Tribunal needed to address all of the visa criteria referred to in a concession statement by the Minister in earlier judicial review proceedings considered – no jurisdictional error.

  • BKO15 v Minister for Immigration & Anor [2019] FCCA 776

    Published date: 29 Mar 2019

    MIGRATION – Refugee Review Tribunal – protection visa – invalid s.438 certificate – failure to disclose causing no practical injustice – whether the Tribunal considered persecution falling short of violence – whether the Tribunal failed to consider the applicant’s claims about his imputed political opinion of support for Hezb-e-Wadhat.

  • BEL17 v Minister for Immigration & Anor [2019] FCCA 409

    Published date: 29 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – application for a Temporary Protection (Class XD) visa – whether the Tribunal considered the applicants evidence and submissions – whether the adverse credibility findings were open to the Tribunal on the material – invitation to this Court to engage in impermissible merits review – no jurisdictional error made out – application dismissed. 

  • BEB17 & Ors v Minister for Immigration & Anor (No.3) [2019] FCCA 676

    Published date: 29 Mar 2019

    MIGRATION – Administrative Appeals Tribunal.

    PRACTICE AND PROCEDURE – Second Application in a Case seeking reinstatement of initiating application for judicial review pursuant to rule 16.05 of the Federal Circuit Court Rules 2001 (Cth) – First Application in a Case for reinstatement dismissed for non-appearance pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) – whether explanation for failure to appear at scheduled hearing of First Application in a Case satisfactory – whether applicants should require leave of the Court to file any further document in the proceeding – Second Application in a Case refused.

  • Sikari & Anor v Minister for Immigration & Anor [2019] FCCA 697

    Published date: 28 Mar 2019

    MIGRATION – Administrative Appeals Tribunal.

    PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • GTI18 & Anor v Minister for Home Affairs & Anor [2019] FCCA 677

    Published date: 28 Mar 2019

    MIGRATION – Administrative Appeals Tribunal.

    PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • ESX18 v Minister for Home Affairs & Anor [2019] FCCA 302

    Published date: 28 Mar 2019

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority failed to have a real and genuine engagement with the applicant’s claims and evidence – whether the Authority took into account an irrelevant consideration – whether the Authority failed to take into account a relevant consideration – no jurisdictional error made out – amended application is dismissed.

  • EFA18 v Minister for Home Affairs & Anor [2019] FCCA 740

    Published date: 28 Mar 2019

    MIGRATION – Application for safe haven enterprise visa – inconsistencies in applicant’s history – adverse credibility findings – country information adverse to applicant’s claims – application dismissed.

  • Do v Minister for Immigration & Anor [2019] FCCA 727

    Published date: 28 Mar 2019

    MIGRATION – Application for spousal visa – finding that no genuine spousal relationship existed – tribunal assessed evidence and made clear findings that no genuine spousal relationship existed as at the time of the making of the visa application – application dismissed.

  • AFY17 v Minister for Immigration & Anor [2019] FCCA 748

    Published date: 28 Mar 2019

    MIGRATION – Application seeking review of a decision of the Immigration Assessment Authority – whether the Tribunal made a jurisdictional error – whether the Tribunal’s decision was illogical – whether the Tribunal’s decision was unreasonable – whether the Tribunal’s decision was based on evidence – impermissible merits review – application dismissed.

  • Tran v Minister for Home Affairs & Anor [2019] FCCA 736

    Published date: 27 Mar 2019

    MIGRATION – Application for partner visa – review of Administrative Appeals Tribunal decision – consideration of definition of spouse in reg.1.15A of Migration Regulations – criteria for grant of Subclass 801 visa in Schedule 2 to the Migration Regulations – time of decision criteria – jurisdictional error established.

    PRACTICE & PROCEDURE – Late application amend seeking to rely on new ground of review – no evidence filed in explanation of late amendment – amendment not futile – leave to amend granted.

  • EWZ18 v Minister for Home Affairs & Anor [2019] FCCA 321

    Published date: 27 Mar 2019

    MIGRATION – Immigration Assessment Authority – whether the Authority’s failure to not exercise the power in s.473DC(3) was legally unreasonable – whether the Authority failed to consider the applicant’s claims cumulatively – no jurisdictional error identified – amended application dismissed.

  • DZT18 v Minister for Home Affairs & Anor [2019] FCCA 734

    Published date: 27 Mar 2019

    MIGRATION – Application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) affirming decision not to grant protection visa – whether Tribunal failed to take into account when assessing future risk of harm that applicant had already been convicted for terrorist related offences – whether there was a claim before the Tribunal that the applicant faced a real risk of significant harm because he might be detained or imprisoned and would be subjected to torture and to poor prison conditions – no jurisdictional error.

  • Dobson v Dobson & Anor [2019] FCCA 488

    Published date: 27 Mar 2019

    CHILD SUPPORT – Review of a decision of the Administrative Appeals Tribunal – where Applicant did not comply with directions of Tribunal to provide evidence – whether Tribunal decision to dismiss was reasonable – no jurisdictional error –application dismissed.

  • Construction, Forestry, Maritime, Mining & Energy Union & Ors v Tahmoor Coal Pty Ltd [2019] FCCA 292

    Published date: 27 Mar 2019

    INDUSTRIAL LAW – Application for relief of an alleged contravention of an enterprise agreement – application for declaratory relief and payment of compensation – no contravention of s.50 of the Fair Work Act 2009 is made out – application dismissed.

  • Conlan v Conlan & Anor [2019] FCCA 514

    Published date: 27 Mar 2019

    CHILD SUPPORT – Appeals – review of a decision of the Administrative Appeals Tribunal – no error of law – application dismissed.

  • ASA16 v Minister for Immigration & Anor [2019] FCCA 689

    Published date: 27 Mar 2019

    MIGRATION – Migration Act 1958 (Cth) – application for a Protection visa – Administrative Appeals Tribunal affirms decision of Delegate not to grant to applicant – applicant claimed decision of Administrative Appeals Tribunal affected by jurisdictional error – no basis to claims of jurisdictional error – application for judicial review dismissed.

  • AAY17 v Minister for Immigration & Anor [2019] FCCA 743

    Published date: 27 Mar 2019

    MIGRATION – Application for protection visa – assertion that applicant would suffer harm if returned to Zambia by reason of, inter alia, her bi-sexuality – fears unfounded – documents non-genuine – application dismissed.

  • ELA18 v Minister for Home Affairs & Anor [2019] FCCA 213

    Published date: 26 Mar 2019

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority misunderstood or misapplied the country information – whether the adverse credibility findings were open to the Authority – whether the Authority’s adverse findings were illogical, irrational or unreasonable – no jurisdictional error made out – amended application dismissed.

  • EEA18 & Ors v Minister for Home Affairs [2019] FCCA 713

    Published date: 26 Mar 2019

    MIGRATION – PRACTICE & PROCEDURE – Application to dismiss application for judicial review of decision not to accept lodgement of application for protection visa on the ground that the applicant has no reasonable prospect of successfully prosecuting the proceeding commenced by the application – application for judicial review dismissed.

  • ECM18 v Minister for Home Affairs & Anor [2019] FCCA 711

    Published date: 26 Mar 2019

    MIGRATION – Application for safe haven enterprise visa – newspaper article from Washington Post relating to bombing and targeted attacks published after delegate’s decision submitted as “new information” – IAA did not consider that there were “exceptional circumstances” justifying its consideration of the article – what constitutes “exceptional circumstances” depends on the facts of each case – IAA not shown to have committed jurisdictional error – application for review dismissed.

  • BPM18 v Minister for Home Affairs & Anor [2019] FCCA 667

    Published date: 26 Mar 2019

    MIGRATION – Extension of time – explanation for delay – merits of substantive grounds – whether reasonably arguable – no reasonable prospects.

  • BMY16 v Minister for Immigration & Anor [2019] FCCA 678

    Published date: 26 Mar 2019

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of decision of Administrative Appeals Tribunal affirming decision of a delegate of the Minister for Immigration and Border Protection not to grant to the applicant a protection visa – grounds relied on seek impermissible merits review of the decisions of the Administrative Appeals Tribunal and the delegate – no jurisdictional error established – application for judicial review dismissed.

  • AOW18 v Minister for Home Affairs & Anor [2019] FCCA 737

    Published date: 26 Mar 2019

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a Delegate of the Minister for Home Affairs to refuse a Protection visa – applicant has left Australia and has no legal right to return – non-appearance at final hearing by applicant – application dismissed with costs pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • DSY17 v Minister for Immigration & Anor [2019] FCCA 690

    Published date: 25 Mar 2019

    MIGRATION – Application for judicial review – Protection (Class XA) visa – fear of money lenders and/or gangsters in China – whether the Tribunal failed to disclose country information – whether the Tribunal failed to consider the Applicant’s claim and whether it relied on irrelevant information – whether the Tribunal made a finding without supporting evidence – whether the Tribunal relied on an invalid certificate – whether because the Tribunal relied on an invalid certificate this was procedurally unfair to the Applicant – Tribunal considered Applicant’s claim – Tribunal did not consider irrelevant information – Tribunal made findings on evidence – failure to notify the Applicant was not material – no procedural unfairness – application dismissed.

  • Griffiths v Hanselmann [2019] FCCA 710

    Published date: 25 Mar 2019

    INDUSTRIAL LAW – Application made pursuant to the Fair Work Act 2009 (Cth) – contraventions found – orders made for payment – submissions on appropriate calculation.

  • Swan v Minister for Home Affairs & Anor [2019] FCCA 702

    Published date: 22 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – Bridging E (class WE) Bridging E (General) (subclass 050) visa – application dismissed.

  • Singh v Minister for Immigration & Anor [2019] FCCA 534

    Published date: 22 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – Partner (Temporary) (class UK) (subclass 820) visa – Partner (Residence) (class BS) (subclass 801) visa – application dismissed.

  • Khan v Minister for Immigration & Anor [2019] FCCA 701

    Published date: 22 Mar 2019

    MIGRATION – Regional Employer Nomination (Class RN) (subclass 187) (Regional Sponsored Migration Scheme) Visa Application – review of a decision of the Administrative Appeals Tribunal – Tribunal hearing by telephone – no adjournment granted – no jurisdictional error – application dismissed.

  • DIB17 & Anor v Minister for Immigration & Anor [2019] FCCA 336

    Published date: 22 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of protection visas – applicants claiming a fear of harm in Egypt for reason of religion – applicants not believed – whether the Tribunal decision was unreasonable or whether the Tribunal failed to apply the real chance test considered – no jurisdictional error.

  • CJS17 v Minister for Immigration & Anor [2019] FCCA 440

    Published date: 22 Mar 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Sri Lanka – applicant for the most part believed but certain claims rejected and other fears found not to be well-founded – various errors by the Authority alleged – no jurisdictional error.

  • AZR15 v Minister for Immigration & Anor (No.2) [2019] FCCA 602

    Published date: 22 Mar 2019

    MIGRATION – Decision by Administrative Appeals Tribunal.

    PRACTICE & PROCEDURE – Extension of time – whether time should be extended to applicant to file an application for judicial review – application for judicial review first sought in June 2015 – first extension of time refused – second extension of time sought more than 3 years later – whether applicant’s explanation for delay in filing application satisfactory – whether application for judicial review has sufficient prospects of success such that it would be in the interests of justice to extend time.

    PRACTICE & PROCEDURE – Abuse of process – whether application for an extension of time an abuse of the Court’s processes application for extension of time refused – abuse of processes – whether leave should be required for applicant to file any other document.

  • Property Bound Pty Ltd & Anor v Makhoul & Anor [2019] FCCA 691

    Published date: 20 Mar 2019

    BANKRUPTCY – Application under s.58(3) of the Bankruptcy Act 1966 (Cth) for leave to commence and take fresh steps in a matter in the Common Law Division of the Supreme Court of New South Wales – relief sought by the applicants entirely appropriate – leave granted.

  • AYQ18 v Minister for Home Affairs & Anor [2019] FCCA 332

    Published date: 20 Mar 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – applicant claiming a fear of harm in Sri Lanka on various bases – applicant’s claims of serious physical harm accepted but his fears found not to be well-founded – numerous errors alleged – Authority decision questionable but free from jurisdictional error – application dismissed with observations on the question of Ministerial intervention.

  • Khan v Minister for Immigration & Anor [2019] FCCA 565

    Published date: 19 Mar 2019

    MIGRATION – Application to review decision of Administrative Appeals Tribunal – refusal of student visa – whether Tribunal failed to weigh Applicant’s circumstances as a whole – whether legal unreasonableness.

  • Erasga v Minister for Immigration & Anor [2019] FCCA 228

    Published date: 19 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a partner visa – Tribunal not satisfied that the visa applicant and his sponsor were in a genuine de facto relationship – Tribunal purporting to re-open the review based upon an asserted jurisdictional error – Tribunal making enquiries of its own motion – new adverse material put to the applicant – whether the actions of the Tribunal in relation to the re-opening of the review establish an apprehension of bias considered.

  • EHF17 v Minister for Immigration & Anor [2019] FCCA 499

    Published date: 19 Mar 2019

    MIGRATION – Judicial review – decision of Administrative Appeals Tribunal – citizen of Egypt – Coptic Christian – whether unreasonable conclusion concerning whether the applicant has no well-founded fear of  persecution – whether unreasonable and illogical conclusion having regard to extensive unrest and violence in Egypt and particular threats against Coptic Christians – whether conclusion unreasonable and illogical where Australian Federal Government recognises threat to Christian Copts of being persecuted in Egypt – whether jurisdictional error.

  • EGW17 v Minister for Immigration & Anor [2019] FCCA 653

    Published date: 19 Mar 2019

    MIGRATION – Visa – protection visa – whether Authority ignored relevant material – whether decision illogical or irrational – whether decision unreasonable – application dismissed.

  • EDI18 v Minister for Home Affairs & Anor [2019] FCCA 631

    Published date: 19 Mar 2019

    MIGRATION – Review of administrative appeals decision – interpretation of s.91WA(1)(b) of the Migration Act – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed.

  • EAQ16 v Minister for Immigration & Anor [2019] FCCA 624

    Published date: 19 Mar 2019

    MIGRATION – Administrative Appeals Tribunal.

    PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • BHJ17 v Minister for Home Affairs & Anor [2019] FCCA 668

    Published date: 19 Mar 2019

    MIGRATION – Administrative Appeals Tribunal.

    PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • Australian Building & Construction Commissioner v Collier & Ors [2019] FCCA 650

    Published date: 19 Mar 2019

    INDUSTRIAL LAW – Application made pursuant to ss.499, 500 and 503(1) of the Fair Work Act 2009 (Cth) – whether the first respondent failed to comply with occupational health and safety requirements (“OHS”) – whether the first respondent hindered or obstructed workers from undertaking their work – whether the first respondent’s conduct involved actions which were exercised in an improper manner – whether the first respondent made deliberate or reckless misrepresentations that he was authorised to give directions to workers to stop work – Declaration made that first respondent contravened s.499 of the Fair Work Act 2009 (Cth) – applications seeking that the first respondent contravened ss.500, 503 of the Fair Work Act 2009 (Cth) dismissed.

  • SZQYN v Minister For Home Affairs & Anor [2019] FCCA 489

    Published date: 18 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – whether the Tribunal conducted the review according to law – whether the Tribunal brought an independent and impartial mind to the determination of the matter on its merits – whether the Tribunal’s adverse findings were open to it on the material before the Tribunal – whether the Tribunal had a real and meaningful engagement with the applicant’s claims and evidence – no jurisdictional error made out – application dismissed.

  • SZQYM & Anor v Minister For Home Affairs & Anor [2019] FCCA 490

    Published date: 18 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – whether the Tribunal brought an independent and impartial mind to the determination of the matter on its merits – whether the Tribunal conducted the hearing in an aggressive, combative or highly prejudicial manner – whether the Tribunal’s adverse findings were logical, rational and open – whether the Tribunal had a real and meaningful engagement with the applicant’s claims and evidence – whether the Tribunal complied with its statutory obligations – no jurisdictional error made out – application dismissed.

  • Singh v Minister for Home Affairs & Anor [2019] FCCA 640

    Published date: 18 Mar 2019

    MIGRATION – Applicant for student visa charged with rape - cancellation of visa pursuant to s. 116(1)(e)(ii) – no compelling reasons not to cancel the visa – application dismissed.

  • EQP18 v Minister For Home Affairs & Anor [2019] FCCA 326

    Published date: 18 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – application for a Protection visa – whether there was apprehended bias by the Tribunal – no jurisdictional error identified – amended application dismissed.

  • EJQ17 v Minister for Immigration & Anor [2019] FCCA 652

    Published date: 18 Mar 2019

    MIGRATION – Visa – protection visa – whether Authority erred in law in determining applicant’s ‘home area’ – whether failure to properly consider relocation – whether denial of procedural fairness – whether refugee and complementary protection criteria were misapplied – whether Authority asked itself the wrong questions and took into account irrelevant considerations – whether decision unreasonable – application dismissed.

  • DRH18 v Minister for Home Affairs & Anor [2019] FCCA 625

    Published date: 18 Mar 2019

    MIGRATION – Application for temporary protection visa – no reasonable fear of harm if returned to Iran – country information – application dismissed

  • CVM17 v Minister for Immigration & Anor [2019] FCCA 617

    Published date: 18 Mar 2019

    MIGRATION – Application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) affirming decision not to grant applicant a Partner (Provisional) (Class UF) visa (Partner visa) – delegate refused to grant Partner visa on the basis of an opinion of a medical officer of the Commonwealth (MOC Opinion) that the requirements of Public Interest Criterion 4007(1)(c) have not been met – whether Tribunal considered whether because of the period that had elapsed between the time the MOC Opinion was issued and the date on which Tribunal made its decision the MOC Opinion was not current or not reliable – whether it was reasonably open to the Tribunal to consider the MOC Opinion was current and reliable – whether assuming it was not open to the Tribunal to consider the MOC Opinion was current and reliable the Tribunal had the power to seek a further opinion from a MOC and if it had such power whether the Tribunal acted unreasonably by not seeking a further opinion from the MOC – assuming the Tribunal did not have power to seek a further opinion from a MOC, or it did not act unreasonably in not seeking a further opinion from the MOC – whether the Tribunal’s relying on the MOC Opinion was material to the decision it made – application dismissed.

  • CQW17 v Minister For Home Affairs & Anor [2019] FCCA 643

    Published date: 18 Mar 2019

    MIGRATION – Application for judicial review of decision of the Immigration Assessment Authority (Authority) affirming decision not to grant a temporary protection visa – whether when considering whether to rely on inconsistent statements of the applicant the Authority was required to consider whether it should invite the applicant to provide new information in relation to the inconsistencies – whether when considering new information containing a new claim the Authority was required to consider whether it should invite the applicant to provide further information in relation to the new claim – Authority did not act unreasonably by not considering whether it should invite the applicant to provide further information.

  • CJZ17 & Ors v Minister for Immigration & Anor [2019] FCCA 495

    Published date: 18 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of protection visas – first applicant claiming a fear of harm in Iran due to conversion to Christianity – Tribunal finding that the conversion occurred but was not genuine – whether the Tribunal erred by not considering the risk of harm due to the fact of conversion – no jurisdictional error.

  • Bussa v Minister for Immigration & Anor [2019] FCCA 655

    Published date: 18 Mar 2019

    MIGRATION –Application for judicial review – graduate work visa – skills assessment – no matters of principle – application dismissed.

  • BLB18 v Minister for Home Affairs & Anor [2019] FCCA 637

    Published date: 18 Mar 2019

    MIGRATION – Applicant 9 months out of time in filing application for review no plausible reasons given for delay – application dismissed.

  • AVC15 v Minister for Immigration & Anor (No.2) [2019] FCCA 614

    Published date: 18 Mar 2019

    MIGRATION – Application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) affirming decision not to grant Protection visa – whether failure by Tribunal to disclose certificate issued purportedly pursuant to s.438 of the Migration Act 1958 (Cth) deprived the applicant of the possibility or whether disclosure of the certificate could have made any difference to the outcome of the review – application dismissed.

  • Australian Building and Construction Commission v D’Arcy & Anor [2019] FCCA 563

    Published date: 18 Mar 2019

    INDUSTRIAL LAW – Admission of contraventions of s. 349 of Fair Work Act – blatant contraventions – mitigating factors – declarations of contraventions made – pecuniary penalties imposed.

  • AQL18 v Minister for Home Affairs & Anor [2019] FCCA 645

    Published date: 18 Mar 2019

    MIGRATION – Application for safe haven enterprise visa – fear of harm not established – country information – application dismissed.

  • Latiff v Minister for Immigration & Anor [2019] FCCA 555

    Published date: 15 Mar 2019

    MIGRATION – Migration Act 1958 (Cth) – application seeking judicial review of decision of Administrative Appeals Tribunal affirming decision not to grant applicant a Partner (Temporary) (Class UK) (Subclass 820) visa and Partner (Residence) (Class BS) (Subclass 801) visa – application for reinstatement for non-appearance in this Court – applicant needed to satisfy Criterion 3001 but did not – applicant did not satisfy an essential criterion for the grant of a Partner visa and so Criterion 3001 not waived – applicant’s assertion of jurisdictional error not arguable – application for reinstatement refused.

  • Garnessty v Minister for Immigration & Anor [2019] FCCA 415

    Published date: 15 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of partner visas – Tribunal finding that the relationship was not genuine – whether the Tribunal misunderstood or misrepresented a finding by the delegate so as to give rise to an obligation of disclosure considered – no jurisdictional error.

  • FSF17 v Minister for Home Affairs & Anor [2019] FCCA 620

    Published date: 15 Mar 2019

    MIGRATION –Application for judicial review of decision of the Refugee Review Tribunal.

  • EZC18 v Minister For Home Affairs & Anor [2019] FCCA 464

    Published date: 15 Mar 2019

    MIGRATION – Application for review of decision of Administrative Appeals Tribunal – applicant citizen of the United Kingdom resident in Australia for in excess of fifty years – application for protection visa on the basis of complementary protection obligations – applicant elderly person in poor health convicted of sexual offences involving minors – as a consequence applicant has failed character test – AAT accepted evidence that applicant had significant risk of suicide if returned to UK – statutory construction – has AAT correctly considered complementary protection criteria – is applicant at serious risk of suffering harm as a consequence of being arbitrarily deprived of his life – interpretation of the phrase – reference to context and other extraneous materials – no jurisdictional error established – AAT correct to hold arbitrary deprivation of life must emanate from a third party – AAT followed normal practices of statutory interpretation – harm must have a casual link to treaty obligations – AAT entitled to find applicant was not at risk of suffering serious harm as consequence of being arbitrarily deprived of life – no jurisdictional error established – application dismissed.

  • DCC17 v Minister for Home Affairs & Anor [2019] FCCA 621

    Published date: 15 Mar 2019

    MIGRATION – Application for judicial review of decision of the Administrative Appeals Tribunal.

  • AYH19 v Minister For Home Affairs & Anor [2019] FCCA 585

    Published date: 15 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a partner visa – interlocutory dismissal of show cause application – no arguable case of jurisdictional error.

  • Micheletto & Carrafa as Trustees in Bankruptcy of the Estate of El-Debel [2019] FCCA 594

    Published date: 13 Mar 2019

    BANKRUPTCY – PRACTICE AND PROCEDURE – Application by three persons to set aside summonses for production and summonses for examination purportedly issued against them under s.81(1) of the Bankruptcy Act 1966 (Cth) – whether one of the summonses for production called for documents for which an order to issue a summons for their production had not been obtained - whether summonses invalid because they did not comply or substantially comply with the prescribed form of summons – whether summonses called for documents that went beyond the permitted scope of documents that could be called for under a summons for production issued under s.81(1) of the Act – whether there had been substantial compliance with the summonses for production and if so whether that is a reason for not discharging the summonses – order discharging summonses made.

  • Khan v Minister for Home Affairs & Anor [2019] FCCA 577

    Published date: 13 Mar 2019

    MIGRATION – Cancellation of student visa – non-compliance with 8202 criteria – failure to remain enrolled – application dismissed.

  • BXR15 v Minister for Immigration & Anor [2019] FCCA 589

    Published date: 13 Mar 2019

    MIGRATION – Refoulement – persecution – serious harm – relevant test – Independent Treaties Obligations Assessment – jurisdictional error.

  • Bhuiyan v Minister for Immigration & Anor [2019] FCCA 294

    Published date: 13 Mar 2019

    MIGRATION – Review of decision by Administrative Appeals Tribunal – whether Administrative Appeals Tribunal’s decision affected by jurisdictional error – whether the Administrative Appeals Tribunal erred in failing to give the applicant information for comment that may have been part of the reason for affirming the decision under review in breach of s.359A of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal’s finding that the applicant was the same person as NK was legally unreasonable – no jurisdictional error – application dismissed.

  • AIX17 v Minister for Immigration & Anor [2019] FCCA 603

    Published date: 13 Mar 2019

    MIGRATION – Review of decision by Administrative Appeals Tribunal – whether Administrative Appeals Tribunal’s decision affected by jurisdictional error – whether the Administrative Appeals Tribunal complied with the statutory scheme in inviting the applicant to appear before it – whether the applicant was taken to have received a hearing invitation – whether the Administrative Appeals Tribunal erred in the exercise of its discretion to decide the review without taking any further action to enable the applicant to appear before it – no jurisdictional error – application dismissed.

  • DIM16 v Minister for Immigration & Anor [2018] FCCA 3980

    Published date: 13 Mar 2019

    MIGRATION – Application for review of Administrative Appeals Tribunal decision – whether the applicant was denied procedural fairness – whether the Tribunal failed to take into account a relevant consideration – no jurisdictional error – application dismissed.

  • BNR17 v Minister for Immigration & Anor [2018] FCCA 3974

    Published date: 13 Mar 2019

    MIGRATION – Protection (Class XA (Subclass 866)) Visa Application – review of a decision of the Administrative Appeals Tribunal – no jurisdictional error – application dismissed.

  • Nguyen v Minister for Immigration [2019] FCCA 572

    Published date: 12 Mar 2019

    MIGRATION – Sponsored family visitor (subclass 679) visa – condition 8503 – waiver – compelling and compassionate circumstances – major change beyond visa‑holder’s control – development of circumstances relevant – date on which circumstances occur irrelevant – constitutional writs issued.

  • FMW17 & Ors v Minister For Home Affairs & Anor [2019] FCCA 242

    Published date: 12 Mar 2019

    MIGRATION – Immigration Assessment Authority – application for Safe Haven Enterprise visas – whether the adverse credibility findings by the Authority lack an evident and intelligible justification – whether the adverse credibility findings were open on the material before the Authority – whether the Authority conducted the review in accordance with the statutory regime – no jurisdictional error made out – application dismissed.

  • ETT18 v Minister For Home Affairs [2019] FCCA 252

    Published date: 12 Mar 2019

    MIGRATION – Invalid application for a Protection (subclass 866) visa – whether the delegate complied with its statutory obligations – invitation to this Court to engage in merits review – no arguable grounds for relief – application dismissed under r 44.12 of the Federal Circuit Court Rules 2001.

  • ELR18 & Anor v Minister For Home Affairs & Anor [2019] FCCA 251

    Published date: 12 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – application for Protection visas – whether the Tribunal identified the relevant law – whether the Tribunal failed to consider the relevant law – whether the applicants had a real and meaningful hearing – whether the Tribunal complied with the requirements of procedural fairness – whether the Tribunal conducted the review with an open mind – no jurisdictional error made out – application dismissed.

  • DWA17 v Minister for Immigration & Anor (No.2) [2019] FCCA 366

    Published date: 12 Mar 2019

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority misunderstood its statutory obligations – whether the Authority’s findings were illogical or unreasonable – no jurisdictional error made out – amended application dismissed.

  • DNL18 v Minister for Home Affairs & Anor [2019] FCCA 592

    Published date: 12 Mar 2019

    MIGRATION – Application for safe haven enterprise visa – country information relied upon – fear of harm unwarranted – application dismissed.

  • DBB16 v Minister for Immigration & Anor [2018] FCCA 3437

    Published date: 12 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – application for an extension of time under s 477 – protection visa – whether there was an adequate explanation for the delay – whether the Tribunal failed to ask the applicant a question – application for an extension of time is dismissed.

  • CZG16 & Ors v Minister for Immigration & Anor [2019] FCCA 545

    Published date: 12 Mar 2019

    MIGRATION – Application for remedies under s.476 of the Migration Act 1958 (Cth) in relation to decision made by the Administrative Appeals Tribunal (Tribunal) affirming decision not to grant protection visa – whether Tribunal considered aspects of the applicant’s claims – whether the Tribunal acted unreasonably or irrationally in not accepting applicant’s claims – no jurisdictional error.

  • CIA18 v Minister for Home Affairs & Anor [2019] FCCA 525

    Published date: 12 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a protection visa – applicant claiming a fear of harm in China – applicant not believed – applicant challenging the Tribunal decision on its merits – no arguable case of jurisdictional error.

  • CGC17 v Minister for Immigration & Anor [2019] FCCA 597

    Published date: 12 Mar 2019

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of decision of Administrative Appeals Tribunal that it had no jurisdiction to review a decision of a Delegate of the Minister for Immigration not to grant to him a Protection visa because the application to it was made seven days late – Administrative Appeals Tribunal found that applicant was taken to be notified of refusal decision in accordance with s.494C of the Migration Act 1958 (Cth) – no jurisdictional error identified – application for judicial review dismissed.

  • CCI18 v Minister for Home Affairs & Anor [2019] FCCA 537

    Published date: 12 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a protection visa – applicant claiming a fear of harm in Malaysia – applicant’s fears found not to be well-founded – claim of bias not substantiated – no arguable case of jurisdictional error.

  • BJK17 v Minister for Immigration & Anor and BJJ17 v Minister for Immigration and Border Protection & Anor [2019] FCCA 561

    Published date: 12 Mar 2019

    MIGRATION – Protection visa – father and son entering Australia illegally from Sri Lanka – single visa application – IAA providing separate reasons at request of son – whether one or two “decisions” – grounds not made out by either applicant.

  • BGX16 v Minister for Immigration & Anor [2019] FCCA 515

    Published date: 12 Mar 2019

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of decision of Administrative Appeals Tribunal affirming decision of a delegate of the Minister for Immigration and Border Protection not to grant to the Applicant a protection visa – contention  that Administrative Appeals Tribunal did not consider or overlooked documents relied upon by the applicant – Administrative Appeals Tribunal did so consider but gave them no weight – weight that the Administrative Appeals Tribunal gives to the evidence before it is a matter for the determination of the Administrative Appeals Tribunal – ground not made out – no jurisdictional error established – application for judicial review dismissed.

  • Barah v Minister For Home Affairs & Anor [2019] FCCA 214

    Published date: 12 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – application for a Student (Temporary) (class TU) visa – whether the Tribunal provided logical and rational reasons – whether the Tribunal’s adverse findings where open on the material before it – whether the Tribunal complied with its statutory obligations – whether the Tribunal complied with the requirements of procedural fairness – invitation to this Court to engage in merits review – no jurisdictional error made out – application dismissed.

  • AIV18 v Minister for Home Affairs & Anor [2019] FCCA 553

    Published date: 12 Mar 2019

    MIGRATION – Protection Visa – decision of Immigration Assessment Authority – Protection Visa denied – whether conclusions open on the evidence – whether finding constitutes a jurisdictional fact – decision affected by error – writs issued.

  • ABA Australian Bar Association Ltd & Ors v Minus (No.3) [2019] FCCA 177

    Published date: 12 Mar 2019

    BANKRUPTCY – Application in a case to set aside sequestration order made in absence of respondent – whether sufficiently arguable case that the sequestration order ought not to have been made – application in a case dismissed

  • ABA Australian Bar Association Ltd & Ors v Minus (No.2) [2019] FCCA 176

    Published date: 12 Mar 2019

    PRACTICE AND PROCEDURE –Application for recusal – where applicant decided not to proceed with application for the Court to recuse itself – application for recusal dismissed.

  • Wang v Sceats & Anor [2019] FCCA 487

    Published date: 11 Mar 2019

    PRACTICE & PROCEDURE – No order as to costs.

  • Singh v Minister for Home Affairs & Anor [2019] FCCA 510

    Published date: 11 Mar 2019

    MIGRATION – Application for partner visa – failure to satisfy criteria – no compelling reasons to waive criteria – application dismissed.

  • Shen v Minister For Home Affairs & Anor [2019] FCCA 538

    Published date: 11 Mar 2019

    MIGRATION – PRACTICE AND PROCEDURE – Objection to production of documents called by subpoena on the ground of public interest immunity – whether there is a legitimate forensic purpose to the production of the documents – whether documents sought to be produced provided to the Department of Home Affairs on the basis of confidence – whether disclosure of documents would be a breach of that confidence and for that reason be against the public interest – whether the public interest in the administration of justice would be affected by the withholding of production of the documents – public interest immunity held in relation to some but not all of the documents.

  • Merrett v Marinakos & Anor [2019] FCCA 541

    Published date: 11 Mar 2019

    DEFAMATION – Accrued jurisdiction – no valid associated claim before the court for determination.

    PRIVACY – Jurisdiction – no power pursuant the Privacy Act to enliven civil penalty provisions in this court.

    PRACTICE AND PROCEDURE – Venue transfer – circumstances – unwarranted.

    PRACTICE AND PROCEDURE – Summary dismissal – application fundamentally flawed – misconceived – want of jurisdiction – abuse of process.

  • McCardle v Lyons & Ors [2019] FCCA 511

    Published date: 11 Mar 2019

    HUMAN RIGHTS – Applicant asserting compensation for unlawful discrimination – none shown – summary judgment in favour of respondents.

  • Grewal v Minister for Home Affairs & Anor [2019] FCCA 533

    Published date: 11 Mar 2019

    MIGRATION – Partner visa – cancellation – applicant no longer member of family unit of primary visa holder – delegate cancels applicant’s visa – Tribunal affirms delegate’s decision – application for judicial review – whether Tribunal’s decision was legally unreasonable – whether decision lacked an intelligible justification or a rational foundation – whether decision was plainly unjust or lacking in common sense – application dismissed.

  • Furaha & Ors v Minister For Home Affairs [2019] FCCA 532

    Published date: 11 Mar 2019

    MIGRATION – Application for review of delegate’s decision – Refugee and Humanitarian (Class XB) visa – no failure to take into account particular information – no jurisdictional error – application dismissed.

  • EJJ18 v Minister For Home Affairs & Anor [2019] FCCA 230

    Published date: 11 Mar 2019

    MIGRATION – Immigration Assessment Authority – whether Authority failed to apply the forward-looking test – whether the Authority had a real and genuine engagement with the applicant’s submissions – whether the Authority failed to consider the “what if I’m wrong” test – no jurisdictional error made out – amended application dismissed.

  • EEZ18 v Minister For Home Affairs & Anor [2019] FCCA 178

    Published date: 11 Mar 2019

    MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the decision of the Authority not to exercise its powers under s 473DC of the Act was legally unreasonable – whether the Authority failed to intellectually engage with the applicant’s claims – whether the Authority misapprehended or misunderstood the applicant’s claims – whether the Authority identified the relevant law – whether the Authority misconstrued the relevant statutory provisions – whether the Authority adopted an unduly narrow meaning of s 473DD of the Act – whether the Authority’s adverse findings lack an evidence and intelligible justification – no jurisdictional error made out – application dismissed.

  • DUZ17 v Minister for Immigration & Anor [2019] FCCA 539

    Published date: 11 Mar 2019

    MIGRATION – Application for review of a decision of the Immigration Assessment Authority – temporary protection visa – no jurisdictional error – application dismissed.

  • Construction, Forestry, Maritime, Mining And Energy Union v Asbestos Removalist Pty Ltd & Anor [2019] FCCA 529

    Published date: 11 Mar 2019

    INDUSTRIAL LAW – Fair work – alleged breaches of enterprise agreements – contraventions of the Fair Work Act 2009 (Cth) – Second Respondent accessory liability in respect of First Respondent company’s contravention  – where Second Respondent made no case submission – Second Respondent actual knowledge – liability findings – declarations – proceeding to penalty.

  • BMA16 v Minister for Immigration & Anor [2019] FCCA 552

    Published date: 11 Mar 2019

    MIGRATION – Protection visa – Sri Lankan Tamil – no basis for granting protection by delegate – IAA affirmed delegate’s decision – no error shown – application for judicial review dismissed.

  • Al-Hakim v Toyoor Al Jannah Pty Ltd & Ors (No.2) [2019] FCCA 521

    Published date: 11 Mar 2019

    INDUSTRIAL LAW – Application for final relief and the imposition of penalties – compensation under s.545 of the Fair Work Act 2009 (Cth) and civil penalties ordered.

  • ABH16 & Anor v Minister for Immigration & Anor [2019] FCCA 543

    Published date: 11 Mar 2019

    MIGRATION – Protection visa application – claims to fear harm from unnamed persons from whom applicant claimed to have borrowed money – delay in making application – ground of review unparticularised and devoid of merit – allegations of fraud abandoned – application dismissed.

  • Stanton-Long v Federation Training [2018] FCCA 2125

    Published date: 08 Mar 2019

    INDUSTRIAL LAW – Claims of multiple infractions of industrial instruments and related contraventions of the Fair Work Act – claim that applicant the subject of adverse action in contravention of a protection provision – claims involving detailed consideration of award provisions that are difficult to construe – adverse action claims made out only in part – other contraventions largely made out – parties to be further heard as to form of orders to be made.

  • Keenan v Cummins South Pacific Pty Ltd (No.2) [2019] FCCA 523

    Published date: 08 Mar 2019

    INDUSTRIAL LAW – Penalty – reinstatement – large multinational corporation – deliberate breaches of the Fair Work Act.

  • CAA18 v Minister For Home Affairs & Anor [2019] FCCA 518

    Published date: 08 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a protection visa – applicant claiming a fear of harm in Malaysia – applicant not believed – unparticularised grounds of review advanced – no jurisdictional error.

  • Appleby v Carter As Trustee of the Bankrupt Estate of Appleby & Anor [2019] FCCA 564

    Published date: 08 Mar 2019

    BANKRUPTCY – Sufficiency of s.139ZL notice – whether sufficient particulars supplied as to basis of requirement for trustee of family trust to make weekly payments to trustee in bankruptcy over a 128 week period – basic particulars omitted in notice – recipient of notice not provided with sufficient particulars to allow for a full appreciation as to why payments are required to be paid from trust funds – notice set aside.

  • Radnor Enterprises Pty Ltd & Ors v Nicholls (No.2) [2019] FCCA 480

    Published date: 07 Mar 2019

    BANKRUPTCY – Application under s.30(1)(c) of the Bankruptcy Act 1966 (Cth) (Act) for an order to extend the time provided for by s.139ZS(1A) of the Act to make an application under s.139ZS(1) of the Act to set aside notices issued under s.139ZQ of the Act – whether application has reasonable prospects of success if extension of time granted – whether adequate explanation given for delay – application dismissed.

  • Li v KC Dental Pty Ltd & Ors (No.3) [2019] FCCA 483

    Published date: 07 Mar 2019

    INDUSTRIAL LAW – Costs – respondents’ application for costs in relation to applicant’s application for costs of proceeding – power to award costs not engaged – application refused.

  • Dawa v Minister for Immigration & Anor [2018] FCCA 3983

    Published date: 07 Mar 2019

    MIGRATION – Application for review of a decision of the Administrative Appeals Tribunal – whether there were compelling circumstances to waive the Schedule 3 criteria – impermissible merits review – application dismissed.

  • CYO17 v Minister for Immigration & Anor [2019] FCCA 457

    Published date: 07 Mar 2019

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of decision of Administrative Appeals Tribunal affirming decision of a delegate of the Minister for Immigration and Border Protection not to grant to the Applicant a protection visa – contention  that Administrative Appeals Tribunal did not provide the applicant with enough time to produce documents, recklessly made adverse credibility findings without considering all of the evidence, merely confirmed the findings of the delegate and did not consider the correct social group to which the applicant claimed to belong – none of the grounds made out – no jurisdictional error established – application for judicial review dismissed.

  • ATK18 v Minister for Home Affairs & Anor [2018] FCCA 3966

    Published date: 07 Mar 2019

    MIGRATION – Application for protection visa – fear of harm unfounded – reliance by authority upon country information – application dismissed.

  • APO17 v Minister for Immigration & Anor [2019] FCCA 486

    Published date: 07 Mar 2019

    MIGRATION – Application for protection visa – adverse credibility findings – application dismissed.

  • ABAR15 v Minister for Immigration & Anor (No.3) [2019] FCCA 540

    Published date: 07 Mar 2019

    MIGRATION – Visa – protection visa – whether Tribunal failed to put applicant on notice of dispositive issue – where Tribunal determined review on different basis to delegate and an earlier Tribunal – insufficient notice of dispositive issue – jurisdictional error demonstrated – writs issued.

  • Waris v Minister for Immigration & Anor [2018] FCCA 465

    Published date: 06 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – Student (Class TU) (Subclass 573) Higher Education Sector visa – show cause hearing – whether the Tribunal denied the applicant procedural fairness – whether the Tribunal failed to comply with s.359A – whether the Tribunal disregarded evidence.

  • Veljanovski v Minister for Home Affairs & Anor [2019] FCCA 502

    Published date: 06 Mar 2019

    MIGRATION – Review of Administrative Appeals Tribunal decision – refusal of a child residence visa – requirement of full time study not met – judicial review application addressing the merits of the decision – no jurisdictional error.

  • Moore v Parris Hair and Beauty Pty Ltd & Anor [2019] FCCA 469

    Published date: 06 Mar 2019

    INDUSTRIAL LAW – Apprentice – employed part‑time – alleged underpayment of wages in contravention of Fair Work Act 2009 – modest amount – employer remedied breach immediately upon being notified – liability established – declaration made – proceeding adjourned for penalty hearing.

  • Fair Work Ombudsman v G & Z United Pty Ltd & Anor [2019] FCCA 465

    Published date: 06 Mar 2019

    INDUSTRIAL LAW – Penalty – contraventions of modern award relating to remuneration – failure to keep records – liability conceded – appropriate penalty to be imposed – relevant considerations – applicable penalty – accessorial liability.

  • DTW17 v Minister for Immigration & Anor [2019] FCCA 512

    Published date: 06 Mar 2019

    MIGRATION – Application for review of a decision of the Immigration Assessment Authority – protection visa – notice of intention to consider cancellation – power to cancel visa discretionary – no jurisdictional error – application dismissed.

  • DPJ16 v Minister for Immigration & Anor [2019] FCCA 508

    Published date: 06 Mar 2019

    MIGRATION – Application for review of a decision of the Immigration Assessment Authority – safe haven enterprise visa – no jurisdictional error – application dismissed.

  • CTU17 & Ors v Minister for Immigration [2019] FCCA 449

    Published date: 06 Mar 2019

    MIGRATION – Validity of second protection visa application – construction of s.48A of the Migration Act 1958 (Cth) – whether earlier protection visa application made on behalf of non-adult applicants.

  • BQN16 & Anor v Minister for Immigration & Anor [2019] FCCA 481

    Published date: 06 Mar 2019

    MIGRATION – protection (class XA) visa – where applicants arrived on student visas – sole ground of review unparticularised – not made out – tribunal comprehensively considered all of applicants’ claims – applicants’ evidence embellished or contrived – where first applicant additionally alleged defective interpretation at tribunal hearing – first applicant failed to adduce evidence of defective interpretation – where second applicant admitted in evidence before the court that she and the first applicant had no basis upon which to claim protection – application dismissed.

  • Singh v Minister for Immigration & Anor [2019] FCCA 498

    Published date: 05 Mar 2019

    MIGRATION – Visa – medical visa – extension of time – applicant failed to attend hearing – application dismissed.

  • Somjich v Minister for Home Affairs & Anor [2019] FCCA 479

    Published date: 05 Mar 2019

    MIGRATION – Application for partner visa – relationship ended – criteria no longer satisfied – application dismissed.

  • Singh v Minister for Immigration & Anor [2019] FCCA 497

    Published date: 05 Mar 2019

    MIGRATION – Application for review of Registrar’s decision to dismiss proceedings due to non-attendance – applicant failing to appear on application – application dismissed.

  • Bhusal & Ors v Minister for Immigration & Anor [2019] FCCA 432

    Published date: 05 Mar 2019

    MIGRATION – Migration Act 1958 (Cth) – application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a Delegate of the Minister to cancel a Student visa under s.116 of the Migration Act 1958 (Cth) for non-compliance with Condition 8202 – common ground that the applicant had not complied with Condition 8202 – Tribunal alleged to have ignored or otherwise refused to consider relevant material – Tribunal did not ignore or fail to consider relevant material - in any event even if there had been a factual error by the Tribunal which there was not such did not constitute jurisdictional error because not “fundamental” or “important” or “overwhelming” – no jurisdictional error established – application for judicial review dismissed.

  • AFB17 v Minister for Immigration & Anor [2019] FCCA 478

    Published date: 05 Mar 2019

    MIGRATION – Application for review of a decision of the Immigration Assessment Authority – protection visa – whether Authority failed to consider the Applicant’s claims – whether there is a real chance of serious or significant harm – no jurisdictional error – application dismissed.

  • Kumar v Consulate General of India, Sydney (No.2) [2019] FCCA 400

    Published date: 05 Mar 2019

    INDUSTRIAL LAW – Fair Work – underpayments – issue dealt with in principal judgment as having been resolved between the parties – issue in fact not resolved or agreement repudiated by the respondent – variation of orders in the principal judgment.

  • Stanton-Long v Federation Training (No.3) [2019] FCCA 337

    Published date: 04 Mar 2019

    INDUSTRIAL LAW – Ruling on final outstanding matters in civil penalties case.

  • Singh v Minister for Immigration & Anor [2019] FCCA 453

    Published date: 04 Mar 2019

    MIGRATION – Administrative Appeals Tribunal – Regional Employer Nomination (Permanent) (Class RN) visa – subclass 187 (Regional Sponsored Migration Scheme) – reinstatement application of applicant’s judicial review application – application dismissed.

  • Maharjan v Minister For Home Affairs & Anor [2019] FCCA 433

    Published date: 04 Mar 2019

    MIGRATION – PRACTICE AND PROCEDURE – Application to set aside orders made by Registrar on first court date dismissing application because applicant did not appear – whether applicant has given adequate explanation for non-appearance – whether application would have merits if the orders were set aside – order dismissing application set aside.

  • DTA16 v Minister for Immigration & Anor [2019] FCCA 472

    Published date: 04 Mar 2019

    MIGRATION – Application for review of a decision of the Immigration Assessment Authority – protection visa – whether Authority failed to consider the Applicant’s claims – whether there is a real chance of serious or significant harm – no jurisdictional error – application dismissed.

  • DAW17 v Minister for Immigration & Anor [2019] FCCA 423

    Published date: 04 Mar 2019

    MIGRATION– Migration Act 1958 (Cth) – application for judicial review of decision of Administrative Appeals Tribunal not to grant to the applicant a protection visa because he did not appear at the scheduled hearing before it – applicant applied for an adjournment of the hearing before the Administrative Appeals Tribunal but it was refused – applicant claims that he was denied procedural fairness by the Administrative Appeals Tribunal by its refusal of his adjournment application and by it failing to consider all of his claims, taking into account irrelevant considerations and not taking into account relevant considerations – decision of Administrative Appeals Tribunal to proceed to dismiss review application in the absence of the applicant under s.426A of the Migration Act 1958 (Cth) did not lack an intelligible justification and was not irrational or legally unreasonable in the circumstances – applicant did not respond to invitation to reinstate his review application no such denial of procedural fairness made out – no jurisdictional error otherwise established – application for judicial review refused.

  • Carr v ILSC (Brisbane) Pty Ltd & Anor and Pathik v ILSC (Brisbane) Pty Ltd & Anor [2019] FCCA 456

    Published date: 04 Mar 2019

    INDUSTRIAL LAW – Educational Services (Post-Secondary Education) Award 2010 – casual teachers’ hourly rate of pay.

    WORDS & PHRASES – “Required”.

  • AEK17 & Anor v Minister for Immigration & Anor [2019] FCCA 460

    Published date: 04 Mar 2019

    MIGRATION – Application for review of a decision of the Administrative Appeals Tribunal – protection visa – where Applicant seeks impermissible merits review – no jurisdictional error – application dismissed.

  • Johal v Minister for Home Affairs & Anor [2019] FCCA 459

    Published date: 01 Mar 2019

    MIGRATION – Partner visa – sponsor notifies that relationship with applicant has ended – power to grant visa to be exercised in accordance with applicable regulations – applicant seeking Partner visa on grounds of family violence required to satisfy criteria in Migration Regulations 1994 and IMMI 12/116 – no evidence adduced by applicant satisfying those criteria – Tribunal bound to refuse application – grounds of review seeking impermissible merits review or review of delegate’s decision to refuse application – court has no jurisdiction to review delegate’s decision – certificate issued by Secretary of Tribunal notifying it of obligation to do all things necessary to ensure that documents or the information which thy contain is not disclosed – certificate not disclosed to applicant for review – failure to disclose certificate notifying Tribunal of obligations under s 375A – failure to disclose triggers obligation of procedural fairness – whether breach of procedural fairness entailed jurisdictional error – no error by reason that applicant ordinarily not entitled to be notified of information which Tribunal would not take into account – whether error material – no material error – whether utility in granting relief – application dismissed.

  • Fair Work Ombudsman v Her Fashion Box Pty Ltd & Anor [2019] FCCA 425

    Published date: 01 Mar 2019

    INDUSTRIAL LAW – Assessment of pecuniary penalties for admitted contraventions of civil remedy provisions of the Fair Work Act 2009 (Cth) – pecuniary penalties imposed.

  • DTN16 & Ors v Minister for Immigration & Anor [2019] FCCA 404

    Published date: 01 Mar 2019

    MIGRATION – Protection visa applications – first applicant converts from Sunni Islam to Shia Islam – claims to fear harm from brothers and her husband’s family – Tribunal mischaracterises evidence at hearing as involving significant escalation of claims for protection – whether reasoning of Tribunal irrational or illogical – extent of error – whether error irrational or illogical – whether error material – whether failure to take account of a relevant consideration – whether failure to consider integers of claim – whether issue raised at hearing raised new claim or integer of claim – application dismissed.

  • DRQ18 v Minister for Home Affairs & Anor (No.2) [2019] FCCA 467

    Published date: 01 Mar 2019

    MIGRATION – Immigration Assessment Authority

    PRACTICE AND PROCEDURE – no appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(l)(c) of the Federal Circuit Court Rules 2001 (Cth).

  • DIG18 v Minister for Home Affairs & Anor [2019] FCCA 450

    Published date: 01 Mar 2019

    MIGRATION – Application for safe haven enterprise visa – findings adverse to applicant – s. 36(2)(a) and s. 36 (2)(aa) criteria not established – no jurisdictional error demonstrated – application dismissed. 

  • Coote v Mainline Access Pty Ltd & Anor (No.3) [2019] FCCA 383

    Published date: 01 Mar 2019

    INDUSTRIAL LAW – PRACTICE AND PROCEDURE – application to set aside orders made by consent after publication of reasons for judgment dealing with liability of respondents for contravening provisions of the Fair Work Act 2009 (Cth) – whether consent orders are interlocutory – whether Court has jurisdiction under the implied incidental power to set aside consent orders – whether it is a ground for setting aside orders made by consent if the orders do not reflect, or are inconsistent with, findings the Court has made – whether consent orders supported by the findings made – consent orders set aside on terms.

    INDUSTRIAL LAW – construction of s.323(1) of the Fair Work Act 2009 (Cth) – whether s.323(1) is contravened only because an employer fails to pay an amount payable under a term of a contract of employment for the performance of work – no settled authority to the effect that s.323(1) is contravened only because an employer fails to pay an amount payable under a contract of employment for the performance of work.

    INDUSTRIAL LAW – application for final relief and the imposition of penalties – compensation under s.545 of the Fair Work Act 2009 (Cth) assessed and other remedies granted – civil penalties ordered. 

    INDUSTRIAL LAW – COSTS – application for costs – whether respondents acted unreasonably – application for costs dismissed.

  • BRC17 v Minister for Immigration & Anor [2019] FCCA 218

    Published date: 01 Mar 2019

    MIGRATION – Review of Immigration Assessment Authority decision – refusal of a protection visa – consideration of a preliminary question whether the jurisdiction of the Authority was enlivened – question answered in the affirmative.

  • Black v Mills (No.4) [2019] FCCA 129

    Published date: 01 Mar 2019

    BANKRUPTCY – Creditor’s petition – opposed on the basis of solvency and because the debt disputed – evidence of solvency – small debt – payment of part of the debt which was indisputable – petition dismissed. 

  • Waleed & Waleed [2019] FCCA 389

    Published date: 29 Mar 2019

    FAMILY LAW – Parenting – whether equal time with each parent should continue– whether the parents should be restrained from continuing to send a child to a particular counsellor.

  • Klein & Seward [2019] FCCA 391

    Published date: 29 Mar 2019

    FAMILY LAW – Parenting and property – where the mother has unilaterally relocated the residence of the children – allegations of family violence – allegations of mental ill-health – allegations exaggerated or unfounded –  mother’s well-being may be compromised if ordered to return – high level conflict – both parents are competent and capable – equal shared parental responsibility – small property pool – equal contributions by the parties – division of assets in favour of the wife.

  • Adesso & Payton [2019] FCCA 343

    Published date: 29 Mar 2019

    FAMILY LAW – Preliminary jurisdictional issue in respect of de facto relationship of less than two years duration – consideration of “substantial contributions” and “severe injustice”.

  • Rendon & West & Ors (No.2) [2019] FCCA 461

    Published date: 28 Mar 2019

    FAMILY LAW – Costs – general principle that each party to bear own costs – where general principle yields to power to award costs – relevant considerations – where open offer made to compromise issues in dispute – pursuit of untenable claims – parties agreed that court has power to set the amount of such costs – order for indemnity costs, including for costs of application – power to set quantum, determine method for computation or to refer to taxation – quantum set.  

  • Nowell & Trueman [2018] FCCA 1921

    Published date: 28 Mar 2019

    FAMILY LAW – Parenting – best interests of the child – conduct of parents.

  • Kapoor & Bakshi [2019] FCCA 407

    Published date: 28 Mar 2019

    FAMILY LAW – Parenting – most orders made by consent – whether the children’s time with their father should progress in accordance with the recommendations of the family consultant and the independent children’s lawyer or more slowly – whether the parents should be required to provide security for overseas travel.

    FAMILY LAW – Property settlement – marital relationship – the husband denying that he owned any property in India – the husband eventually admitting that he owned half of at least one property in India – credibility issues – whether the wife should receive all of the Australian assets.

  • Hartford & Costanzo [2019] FCCA 375

    Published date: 28 Mar 2019

    FAMILY LAW – Application for declaration of existence of de facto relationship – application for settlement of property – undefended hearing.

  • Elliott & Arnold (No.2) [2019] FCCA 435

    Published date: 28 Mar 2019

    FAMILY LAW – Parenting – best interests of the children – property adjustment – assessment of contributions – orders made.

  • Whitcomb & Whitcomb (No.2) [2019] FCCA 584

    Published date: 27 Mar 2019

    FAMILY LAW – Parenting – application for orders to be stayed – stay not granted – application in a case dismissed.

  • Shahidi & Beiranvand [2019] FCCA 455

    Published date: 27 Mar 2019

    FAMILY LAW – Property – strike out Application for parenting orders – self-represented litigant – introduction of funds.

  • Hardy & Levesque [2019] FCCA 377

    Published date: 27 Mar 2019

    FAMILY LAW – Practice and procedure – objection to subpoena – relevance – where the subpoena material relates to the Father’s mental health – evidence that the Father has an extensive history of mental illness and drug and alcohol abuse – balancing the best interests of the child against the public benefit in the protection of privacy – subpoena objections dismissed – legal representatives and Independent Children’s Lawyer permitted to inspect documents.

  • Delaney & Delaney [2019] FCCA 283

    Published date: 27 Mar 2019

    FAMILY LAW – Parenting dispute after lengthy relationship – major dispute over husband’s alleged dissipation of assets – consideration of weight to be given to husband’s initial contribution – both sides tardy and incomplete discovery – husband’s overall contribution greater than that of wife – parties living beyond their means – adding back of amounts found to be wasted – 65 % division in favour of husband just and equitable with both parties to retain their superannuation.

  • Saunders & Saunders [2019] FCCA 350

    Published date: 26 Mar 2019

    FAMILY LAW – Property – where both parties seek orders for final property distribution – where the date of separation is in issue – where lack of disclosure by parties a significant issue – where husband seeks that jewellery disposed of by the wife post-separation be treated as an “addback” – discussion of relevant legal principles regarding “addbacks” – where the Court is not satisfied that justice and equity require the dissipated jewellery to be added back – where dissipation of jewellery taken into account as a s.75(2) factor – where husband made greater initial contribution – where wife makes allegations of family violence against the husband – where the wife argues that the husband’s conduct made her contributions more arduous – where the Court satisfied the husband’s conduct made the wife’s contributions more arduous.

  • McCarrick & Cohen & Anor [2019] FCCA 78

    Published date: 26 Mar 2019

    FAMILY LAW – Property dispute between de facto couple and also brother of the de facto husband – husband and brother both acting less than honestly – wife deceived as to ownership of the property the subject of dispute – wife’s position proceeding on fundamental misunderstanding of the position at law – court finding common intention constructive trust in respect of the property – consideration of whether trust brought to an end – trust ended by de facto husband borrowing $100,000 without authority of his brother – declaration that property owned in equal shares by brothers at that point – wife to receive 70 per cent of husband’s share of the property.

  • Douglas v Racing Victoria Ltd & Anor (No.2) [2019] FCCA 715

    Published date: 26 Mar 2019

    COPYRIGHT – COSTS – Follow the event – whether costs should be awarded on indemnity or other basis – proportionality – whether amount claimed is reasonable – costs to be taxed under Pt.40 of Federal Court Rules.

  • Allsop & Allsop [2019] FCCA 309

    Published date: 26 Mar 2019

    FAMILY LAW – Property – final property adjustment – Kennon argument – section 75(2) adjustments – consideration of financial and non-financial contributions – consideration of the inclusion of add-backs.

  • Rios & Varella [2019] FCCA 509

    Published date: 25 Mar 2019

    FAMILY LAW – Parenting – urgent application – where there is family violence – where there are allegations of drug use – where there are allegations of neglect and abuse – order for hair follicle testing – no order to relocate the residence of the child.

  • Patel & Kanyar [2019] FCCA 428

    Published date: 25 Mar 2019

    FAMILY LAW – Property – assessment of contributions – marriage of approximately one year and six months – no children – husband’s contribution far greater – wife sought lump spousal maintenance – assessment of s.75(2) matters – orders made.

  • Naparus & Frankham (No.3) [2019] FCCA 434

    Published date: 25 Mar 2019

    FAMILY LAW – Parenting – whether mother should be permitted to relocate interstate with child – allegations of family violence – whether father poses an unacceptable risk to the child – whether father’s time with child should be supervised – question of parental responsibility and with whom child should live.

  • Rubira & Depalma [2019] FCCA 507

    Published date: 22 Mar 2019

    FAMILY LAW – Undefended parenting orders.

  • Melvin & Melvin (No.2) [2019] FCCA 365

    Published date: 22 Mar 2019

    FAMILY LAW – Enforcement of final property orders – parenting – suspension of father’s time – risk issues.

  • McClelland & Rhodes [2019] FCCA 357

    Published date: 22 Mar 2019

    FAMILY LAW – PARENTING – Child aged 5 – where the parties were in a same sex relationship which ended prior to the child’s conception – where the parties remained living under one roof after their relationship ended and were both involved in efforts by the mother to achieve pregnancy by artificial insemination – where the parties agreed that they would both parent the child conceived by the mother – where after about eighteen months the mother sought to renege on this agreement and became resistant to the applicant spending time with the child – where the applicant has applied for an order that she be able to spend defined time with the child – where the applicant has standing to bring the application pursuant to s.65C (c) of the Family Law Act – where after proceedings were commenced the mother revealed that the child had not been conceived by artificial insemination but had been conceived as a result of a sexual relationship with a local man – where the local man has been confirmed by DNA testing to be the father of the child but has never wished to be a party to the proceedings and spends limited time with the child – where the child is developmentally delayed but has a fond relationship with the applicant – where the matter is finely balanced but where in the particular circumstances of this case including the mother’s hostility to the time occurring, the risk of conflict at changeovers, the mother’s mental health and the distance the parties live apart it is not considered to be in the child’s best interests for orders to be made for the applicant to spend time with the child.

  • Dalcas & Normanton [2019] FCCA 225

    Published date: 22 Mar 2019

    FAMILY LAW – Where the parties have reached consent orders in relation to the proceedings – where the Court is satisfied the consent orders are just and equitable – consent orders made.

  • Cooney & Fitzsimons [2019] FCCA 373

    Published date: 22 Mar 2019

    FAMILY LAW – PROPERTY – Registration of arbitral award.

  • Colbrooke & Mareet [2018] FCCA 3397

    Published date: 22 Mar 2019

    FAMILY LAW – Interim parenting application – mother’s unilateral relocation to D Region in Queensland – mother asserts family violence as reason for urgency –child’s best interest – child to return to the H Region in New South Wales.

  • Clyne & Clyne [2019] FCCA 364

    Published date: 22 Mar 2019

    FAMILY LAW – Interim property – wife seeks sole conduct of sale of property placed on the market at least a year – husband opposes.

  • Bouchard & Bouchard [2019] FCCA 506

    Published date: 22 Mar 2019

    FAMILY LAW – Parenting – mother does not have the capacity to understand the nature and consequences of these proceedings – case guardian requested.

  • Flemming & Orban [2019] FCCA 306

    Published date: 20 Mar 2019

    FAMILY LAW – Final parenting hearing – unacceptable risk – father convicted of sexual offences against mother when she was under age – allegations of sexual abuse made by other female relatives – whether or not the father should have unsupervised time with 13 year old daughter and 14 year old son – if supervised whether or not it should continue to be professional supervised or supervised by his wife – Department of Health and Human Services intervenes last day of trial.

  • Brannon & Spinner [2019] FCCA 575

    Published date: 20 Mar 2019

    FAMILY LAW – Wife refusing to comply with order for her to vacate former matrimonial home – wife asserting at trial that one of the two major matrimonial assets (the business) was deliberately rendered valueless by the husband – application under s 79A to set aside final consent orders settling dispute – application granted – proceeding regularised – trial refixed.

  • Nell & Kohler [2019] FCCA 281

    Published date: 19 Mar 2019

    FAMILY LAW – Application for an extension of time to file property proceedings under s.79 of the Act – where the Applicant would suffer hardship if leave was not granted – adequate explanation for the delay – no prejudice to the Respondent – leave to institute proceedings granted.

  • Landi & Fletcher [2019] FCCA 38

    Published date: 19 Mar 2019

    FAMILY LAW – Parenting – spend time with arrangements – family violence – where mother seeks to relocate to New Zealand with the child.

  • Kim & Lam & Anor [2018] FCCA 911

    Published date: 19 Mar 2019

    FAMILY LAW – Property – binding financial agreement – where a party seeks to join a creditor to the proceedings – issue estoppel – abuse of process - earlier interlocutory proceedings in the Supreme Court of NSW to discharge freezing order.

  • Jarrold & Ericsson (No.6) [2018] FCCA 3462

    Published date: 13 Mar 2019

    FAMILY LAW – Contravention – whether the father has contravened orders made on 18 December 2014 and 24 August 2016 – where these are the sixth proceedings issued since final orders were made on 18 December 2014 after a four day trial – if contraventions proven, what penalty would be appropriate.

  • Zeller & Whitby (No.8) [2018] FCCA 1477

    Published date: 13 Mar 2019

    FAMILY LAW – Contraventions – child aged 9 – Contraventions proved without reasonable excuse in previous decisions – penalty phase – sentence of imprisonment – sentence of imprisonment conditionally suspended.

  • Gemunu & Gunasekara (No.2) [2019] FCCA 344

    Published date: 13 Mar 2019

    FAMILY LAW – Costs – application for costs after nine day parenting trial.

  • Readdie & Kermode [2019] FCCA 6

    Published date: 13 Mar 2019

    FAMILY LAW – Parenting – where the parties relocated to Queensland as a family unit – where the parties separated in Queensland and the mother relocated back to Sydney with the children – where the mother re-partnered – where the mother relocated from Sydney to Town A – where the parties agreed the children should live with their father in Queensland – where the father alleges the mother’s new partner poses an unacceptable risk of harm – allegations of family violence – allegations of misuse of firearms – where the father seeks an injunction that the children are not left unsupervised in the care of the mother’s new partner – injunction not granted – issue of how much time the children should spend with the mother and their half-siblings – orders in the best interest of the children.

    EVIDENCE – Where the mother is self-represented – where the mother did not call her new partner as a witness – where the father asserts the rule in Jones v Dunkel (1959) 101 CLR 298 should be applied – where the rule of Jones v Dunkel is applied – where the father relies on video footage of the children being interviewed by the police in relation to the alleged misuse of firearms – where the interviews are given little weight.

  • Agresta & Agresta [2019] FCCA 301

    Published date: 08 Mar 2019

    FAMILY LAW – Application for property adjustment orders – assessment of contributions – orders made.

  • Yee & Woo [2018] FCCA 666

    Published date: 08 Mar 2019

    FAMILY LAW – Divorce application filed by husband – divorce contested by wife on the basis of the Court unable to make a declaration pursuant to section 55A – divorce order made but judgment reserved in respect of the section 55A declaration – declaration made pursuant to section 55A(1)(b)(ii).

  • Patrick & Bishop [2019] FCCA 89

    Published date: 08 Mar 2019

    FAMILY LAW – Parenting – where father is an illegal immigrant – order for recognition contact.

  • Gorman & Gorman (No.2) [2019] FCCA 263

    Published date: 08 Mar 2019

    FAMILY LAW – Application to commence proceedings out of time – leave refused.

  • Clinton & Yanchep [2019] FCCA 265

    Published date: 08 Mar 2019

    FAMILY LAW – Property – 11 year marriage – husband in receipt of TPD payment –  assessment of contributions – adjustment of parties’ interests – justice and equity.

  • Rocco & Obart [2019] FCCA 229

    Published date: 07 Mar 2019

    FAMILY LAW – Underestimation of hearing time when matter listed for hearing for one (1) day – non-compliance with court orders – requirement for adjournment – order accordingly.

  • Novak & Novak [2019] FCCA 147

    Published date: 07 Mar 2019

    FAMILY LAW – Parenting – whether the children should spend equal time with both parents – the time the children should spend with the Father – family consultant not supportive of equal time arrangement – equal time arrangement not in the best interests of the children – substantial and significant time with the Father ordered. 

    FAMILY LAW – Property – just and equitable to make property orders – notional add back of sum of money spent on legal fees – adjustment to the Husband for initial contribution – contributions during relationship assessed to be equal – adjustment to the Wife pursuant to s.75(2) factors. 

  • Kader & Winchester [2019] FCCA 244

    Published date: 07 Mar 2019

    FAMILY LAW – Interim parenting orders – father has had no contact with child over a period of two (2) years and eight (8) months – appropriate that time with child resume at contact centre – procedural orders made to enable updating of family report within a four (4) month period – orders for time made.

  • Adler & Madigan [2019] FCCA 194

    Published date: 07 Mar 2019

    FAMILY LAW – Interim – property.

  • Tomkins & Faulkes [2019] FCCA 381

    Published date: 06 Mar 2019

    FAMILY LAW – Parenting – re-mitted for re-hearing of final hearing – whether child should live with mother in Town B or father in Sydney – child commencing school in 2019 – where parties concede equal time arrangement will only be practicable if both parties reside in the same city.

  • Rizzo & Rizzo [2019] FCCA 105

    Published date: 06 Mar 2019

    FAMILY LAW – Property Settlement – consideration of Court’s discretion where wife seeks orders which give her net tangible assets greater than value of the pool of tangible assets – consideration of “one or two pool” approach – spousal maintenance.

  • Rice & Rice [2019] FCCA 117

    Published date: 06 Mar 2019

    FAMILY LAW – Parenting and Property – allegations of family violence – financial non-disclosure.

  • Milstead & Richards & Anor (No.2) [2019] FCCA 106

    Published date: 06 Mar 2019

    FAMILY LAW – Costs. 

  • Jahoda & Jahoda (No.2) [2019] FCCA 107

    Published date: 06 Mar 2019

    FAMILY LAW – Parenting dispute – convicted paedophile father seeking to spend time with 5 year old child – whether father represents an unacceptable risk – competing expert views – experts expressing views unfavourable to father not required for cross examination – finding that father minimises his past conduct – risk unacceptable in child’s best interests – orders for no time but father to send cards and presents by agreement.

  • Geisler & Geisler [2018] FCCA 3959

    Published date: 06 Mar 2019

    FAMILY LAW – Parenting – interim parenting orders – whether it is in the children’s best interest to bring finality to the proceedings or to extend the time that the proceedings are before the court – consideration of what is just versus what is expedient – finality is good but justice is better.

  • Brigham & Schirmer [2019] FCCA 92

    Published date: 05 Mar 2019

    FAMILY LAW – Parenting – discrete parenting issue to be determined – where the mother opposes equal time – no risk of harm – where the children are 14 & 16 years of age – where the mother emphasises the children’s wishes – equal time ordered.

    FAMILY LAW – Property – where each party seeks orders for a property distribution after the breakdown of their marriage – where the father’s initial contribution assisted the parties in obtaining the former matrimonial home – where parties agree that the former matrimonial home should be sold – where there was a valuation issue in relation to the husband’s interest in a partnership – where the wife received an interim lump sum payment – where the wife asserts that this interim lump sum payment should not be treated as an addback – where final property orders are just and equitable.

  • Woodham & Erickson [2018] FCCA 3785

    Published date: 05 Mar 2019

    FAMILY LAW – Parenting – relocation – family violence.

  • Carlisle & Carlisle (No.2) [2018] FCCA 3950

    Published date: 05 Mar 2019

    FAMILY LAW – Property – spousal maintenance – changed circumstances – variation.

  • Pullman & Pullman [2013] FCCA 2447

    Published date: 04 Mar 2019

    FAMILY LAW – Parenting – limited issues – sole parental responsibility.

  • Gully & Jewell [2019] FCCA 276

    Published date: 04 Mar 2019

    FAMILY LAW – Property – short relationship – contributions – consideration of future needs.

  • Franic & Como [2014] FCCA 1137

    Published date: 04 Mar 2019

    FAMILY LAW – Parenting – no contact.

  • Bamford & Mandes (No.4) [2018] FCCA 3929

    Published date: 04 Mar 2019

    FAMILY LAW – Parenting – where the mother failed to attend the final hearing – where the history of the matter suggests that the child will only be able to have a relationship with one of her parents because of the mother’s refusal either to facilitate the child spending time with the father or spend time with the child if the child is living with the father – child living with the father and safely placed – mother’s circumstances unknown – order for the child to live with the father and spend time with the mother as agreed between the parents.

  • Bamford & Mandes (No.3) [2018] FCCA 3927

    Published date: 04 Mar 2019

    FAMILY LAW – Interim parenting – where the mother has persistently failed to comply with orders for a child to spend time with her father since the orders were made in 2014 – where the mother has failed to engage with current court proceedings – interim orders made for the child to live with her father.

  • Purcell & Purcell [2019] FCCA 447

    Published date: 01 Mar 2019

    FAMILY LAW – Parenting – where foreign tourists on 18 month sailing holiday separate whilst in Australia – where no current right to remain in Australia beyond 3 month tourist visa – where father wants to remain with children in Australia and seek a work visa – where mother wants to return to place of domicile and last place of habitual residence – jurisdiction of foreign Court if children return – best interests of children – children are to return to last place of habitual residence.

  • Mathers & Garver & Ors [2019] FCCA 116

    Published date: 01 Mar 2019

    FAMILY LAW – Alteration of property interests – whether it is just and equitable to make an order – assessment of contribution and future needs – credit issues – form of order to be finalised once expert evidence obtained.

  • Kistler & Munson [2017] FCCA 499

    Published date: 01 Mar 2019

    FAMILY LAW – Parenting – neither parent deemed able to care for their two children aged twelve and eight – order made pursuant to section 91B of the Family Law Act 1975 (Cth) requesting the Department of Health and Human Services to intervene and interim orders for the children to live with the Mother subject to her complying with the directions of the Department of Health and Human Services and to spend supervised time with the Father – matter adjourned for six months.

  • Khan & Abad [2018] FCCA 3829

    Published date: 01 Mar 2019

    FAMILY LAW – Parenting – allegations of family violence towards applicant – where applicant is primary carer but not biological mother of child – efforts to re-establish relationship between father and child – consideration of substantial or significant time between father and child – equal shared parental responsibility.

  • Lu v Minister for Immigration & Anor [2016] FCCA 2043

    26 August 2016

    MIGRATION – Application for a Student (Temporary) (Class TU) visa – review of decision of Migration Review Tribunal – whether the Tribunal fell into jurisdictional error for not giving the applicant additional time to submit documentary evidence – whether a claim of incorrect translation services provided to the applicant at the Tribunal hearing affected the Tribunal’s decision – whether the Tribunal considered all of the applicant’s claims – no jurisdictional error – application dismissed.
  • Lu v Minister for Immigration & Anor [2016] FCCA 2043

    26 August 2016

    MIGRATION – Application for a Student (Temporary) (Class TU) visa – review of decision of Migration Review Tribunal – whether the Tribunal fell into jurisdictional error for not giving the applicant additional time to submit documentary evidence – whether a claim of incorrect translation services provided to the applicant at the Tribunal hearing affected the Tribunal’s decision – whether the Tribunal considered all of the applicant’s claims – no jurisdictional error – application dismissed.

  • SZTJB v Minister for Immigration & Anor [2016] FCCA 2158

    26 August 2016

    MIGRATION – Application to review decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) – whether the Tribunal failed to consider a particular social group or to consider extortion claim or applied the incorrect test, asked itself incorrect questions or failed to ask the correct questions – no jurisdictional error.
  • SZTJB v Minister for Immigration & Anor [2016] FCCA 2158

    26 August 2016

    MIGRATION – Application to review decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) – whether the Tribunal failed to consider a particular social group or to consider extortion claim or applied the incorrect test, asked itself incorrect questions or failed to ask the correct questions – no jurisdictional error.

  • BVL15 v Minister for Immigration & Anor [2016] FCCA 2157

    26 August 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal erred in failing to consider the Refugee criterion where the Delegate had already considered same – whether the Tribunal failed to address the applicant’s religious claims – no jurisdictional error – application dismissed.
  • BVL15 v Minister for Immigration & Anor [2016] FCCA 2157

    26 August 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal erred in failing to consider the Refugee criterion where the Delegate had already considered same – whether the Tribunal failed to address the applicant’s religious claims – no jurisdictional error – application dismissed.

  • Singh v Minister for Immigration & Anor [2016] FCCA 2131

    26 August 2016

    MIGRATION – Application for review of decision of Migration Review Tribunal ( Tribunal) – whether Tribunal incorrectly assumed that the definition of “ competent English” in reg.1.15C of the Migration Regulations 1994 (Cth) ( Regulations) was an exhaustive definition.

    DELEGATED LEGISLATION – Whether instrument made under reg.1.15C of the Regulations nominating a non-existent language test and score rendered invalid the regulation – regulation not invalid.
  • Singh v Minister for Immigration & Anor [2016] FCCA 2131

    26 August 2016

    MIGRATION – Application for review of decision of Migration Review Tribunal ( Tribunal) – whether Tribunal incorrectly assumed that the definition of “ competent English” in reg.1.15C of the Migration Regulations 1994 (Cth) ( Regulations) was an exhaustive definition.

    DELEGATED LEGISLATION – Whether instrument made under reg.1.15C of the Regulations nominating a non-existent language test and score rendered invalid the regulation – regulation not invalid.

  • SZWAZ v Minister for Immigration & Anor (No.2) [2016] FCCA 2214

    26 August 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal ( Tribunal) – whether, given certain findings the Tribunal made favourable to the applicant, it was reasonably open to the Tribunal not to be satisfied the applicant did not have a well-founded fear of persecution or that there were substantial grounds for believing that, as a necessary and foreseeable consequence the applicant will suffer significant harm if returned to his country of nationality – no jurisdictional error.
  • SZWAZ v Minister for Immigration & Anor (No.2) [2016] FCCA 2214

    26 August 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal ( Tribunal) – whether, given certain findings the Tribunal made favourable to the applicant, it was reasonably open to the Tribunal not to be satisfied the applicant did not have a well-founded fear of persecution or that there were substantial grounds for believing that, as a necessary and foreseeable consequence the applicant will suffer significant harm if returned to his country of nationality – no jurisdictional error.

  • AEB15 v Minister for Immigration & Anor [2016] FCCA 2166

    26 August 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal erred in dealing with the claim of extortion – whether the Tribunal erred in holding that it was reasonable for the applicant to relocate to Kathmandu – no jurisdictional error – application dismissed.
  • AEB15 v Minister for Immigration & Anor [2016] FCCA 2166

    26 August 2016

    MIGRATION – Protection visa application – review of decision of Refugee Review Tribunal – whether the Tribunal erred in dealing with the claim of extortion – whether the Tribunal erred in holding that it was reasonable for the applicant to relocate to Kathmandu – no jurisdictional error – application dismissed.

  • SZUQB v Minister for Immigration & Anor [2016] FCCA 2180

    25 August 2016

    MIGRATION – Protection (Class XA) visa – Bangladeshi BNP supporter – Tribunal highly critical of applicant’s credibility – Tribunal affirmed decision to refuse visa application.

    REASONS – Adequacy of reasons – sufficiency of phrase “for the reasons above” when used in connection with s.36(2)(a) and also with s.36(2)(aa) of the Migration Act 1958 (Cth) notwithstanding different issues for consideration – no error in using that phrase in both contexts in the facts of this case.

    CLAIMS – Review of authorities.

    LEGAL PRACTITIONERS – Pro bono counsel – finest tradition of the Bar displayed by counsel appearing pro bono in migration cases.
  • SZUQB v Minister for Immigration & Anor [2016] FCCA 2180

    25 August 2016

    MIGRATION – Protection (Class XA) visa – Bangladeshi BNP supporter – Tribunal highly critical of applicant’s credibility – Tribunal affirmed decision to refuse visa application.

    REASONS – Adequacy of reasons – sufficiency of phrase “for the reasons above” when used in connection with s.36(2)(a) and also with s.36(2)(aa) of the Migration Act 1958 (Cth) notwithstanding different issues for consideration – no error in using that phrase in both contexts in the facts of this case.

    CLAIMS – Review of authorities.

    LEGAL PRACTITIONERS – Pro bono counsel – finest tradition of the Bar displayed by counsel appearing pro bono in migration cases.

  • SZVYB v Minister for Immigration & Anor [2016] FCCA 2179

    25 August 2016

    MIGRATION – Protection (Class XA) visa – allegations of desecration to a Christian cross in Lebanon – assertions that the applicant would be killed if he remained in Lebanon – credibility issues – Tribunal did not believe applicant’s version of events – applicant an unreliable witness.

    SHOW CAUSE PROCEDURE – Power not to be exercised lightly – AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 applied – proceeding summarily dismissed.
  • SZVYB v Minister for Immigration & Anor [2016] FCCA 2179

    25 August 2016

    MIGRATION – Protection (Class XA) visa – allegations of desecration to a Christian cross in Lebanon – assertions that the applicant would be killed if he remained in Lebanon – credibility issues – Tribunal did not believe applicant’s version of events – applicant an unreliable witness.

    SHOW CAUSE PROCEDURE – Power not to be exercised lightly – AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 applied – proceeding summarily dismissed.

  • Dyankov & Ors v Minister for Immigration & Anor [2016] FCCA 2167

    24 August 2016

    MIGRATION – Judicial Review of a decision of the Migration Review Tribunal – application for a Business Entry (Class UC) visa – Migration Review Tribunal held no jurisdiction to review decision – application dismissed.
  • Dyankov & Ors v Minister for Immigration & Anor [2016] FCCA 2167

    24 August 2016

    MIGRATION – Judicial Review of a decision of the Migration Review Tribunal – application for a Business Entry (Class UC) visa – Migration Review Tribunal held no jurisdiction to review decision – application dismissed.

  • Joshi v Minister for Immigration & Anor [2016] FCCA 2168

    24 August 2016

    MIGRATION – Application for extension of time for review of former Migration Review Tribunal decision – whether application to the Court is competent under s.486D – whether application to the Court is an abuse of process where applicant previously discontinued judicial review proceedings regarding the same Tribunal decision – application to extend time refused.
  • Joshi v Minister for Immigration & Anor [2016] FCCA 2168

    24 August 2016

    MIGRATION – Application for extension of time for review of former Migration Review Tribunal decision – whether application to the Court is competent under s.486D – whether application to the Court is an abuse of process where applicant previously discontinued judicial review proceedings regarding the same Tribunal decision – application to extend time refused.

  • Ballantyne v Hartnett Legal Services Pty Ltd & Anor [2016] FCCA 2165

    23 August 2016

    PRACTICE AND PROCEDURE – Application to abridge time for service of subpoenas.
  • Ballantyne v Hartnett Legal Services Pty Ltd & Anor [2016] FCCA 2165

    23 August 2016

    PRACTICE AND PROCEDURE – Application to abridge time for service of subpoenas.

  • AEN16 v Minister for Immigration & Anor [2016] FCCA 2039

    23 August 2016

    MIGRATION – Protection visa – “Information” for the purpose of ss.424AA and 424A of the Migration Act 1958 (Cth) – whether information put on social media can constitute “information” – breach of s.424A because no particulars given – invalidity of Tribunal decision.
  • AEN16 v Minister for Immigration & Anor [2016] FCCA 2039

    23 August 2016

    MIGRATION – Protection visa – “Information” for the purpose of ss.424AA and 424A of the Migration Act 1958 (Cth) – whether information put on social media can constitute “information” – breach of s.424A because no particulars given – invalidity of Tribunal decision.

  • AAW16 v Minister for Immigration & Anor [2016] FCCA 1643

    23 August 2016

    MIGRATION – Protection visa – fear of harm if returned to Egypt because known there as a homosexual – finality of litigation – applicant’s intention to run a different factual case before Tribunal – no jurisdictional error – application for judicial review dismissed.
  • AAW16 v Minister for Immigration & Anor [2016] FCCA 1643

    23 August 2016

    MIGRATION – Protection visa – fear of harm if returned to Egypt because known there as a homosexual – finality of litigation – applicant’s intention to run a different factual case before Tribunal – no jurisdictional error – application for judicial review dismissed.

  • TM 25 Holding BV & Ors v Ghamloush [2016] FCCA 2106

    23 August 2016

  • TM 25 Holding BV & Ors v Ghamloush [2016] FCCA 2106

    23 August 2016

  • Wang & Ors v Minister for Immigration & Anor [2016] FCCA 2149

    23 August 2016

    MIGRATION – Business skills visa – direct and continuous involvement in the management of a business – allegation of bias of Tribunal – Wednesbury unreasonableness – no procedural unfairness or jurisdictional error – application for review dismissed.
  • Wang & Ors v Minister for Immigration & Anor [2016] FCCA 2149

    23 August 2016

    MIGRATION – Business skills visa – direct and continuous involvement in the management of a business – allegation of bias of Tribunal – Wednesbury unreasonableness – no procedural unfairness or jurisdictional error – application for review dismissed.

  • SZVAD v Minister for Immigration & Anor [2016] FCCA 2094

    23 August 2016

    MIGRATION – Protection visa application – adverse credibility findings by Tribunal – no jurisdictional error – application for judicial review dismissed.
  • SZVAD v Minister for Immigration & Anor [2016] FCCA 2094

    23 August 2016

    MIGRATION – Protection visa application – adverse credibility findings by Tribunal – no jurisdictional error – application for judicial review dismissed.

  • SZVZB v Minister for Immigration & Anor [2016] FCCA 1525

    23 August 2016

    MIGRATION – Review of former Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming persecution as a teacher at a girls’ school in Pakistan – applicant believed in part by the delegate but disbelieved by the Tribunal – Tribunal breached s.425 of the Migration Act 1958 (Cth) by failing to explain to the applicant that his claim to have been a teacher at a girls’ school in Pakistan, which had been accepted by the delegate, would be an issue in the review.
  • SZVZB v Minister for Immigration & Anor [2016] FCCA 1525

    23 August 2016

    MIGRATION – Review of former Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming persecution as a teacher at a girls’ school in Pakistan – applicant believed in part by the delegate but disbelieved by the Tribunal – Tribunal breached s.425 of the Migration Act 1958 (Cth) by failing to explain to the applicant that his claim to have been a teacher at a girls’ school in Pakistan, which had been accepted by the delegate, would be an issue in the review.

  • AIZ15 & Anor v Minister for Immigration & Anor [2016] FCCA 2122

    19 August 2016

    MIGRATION – Application for a protection (Class XA) visa – review of decision of Refugee Review Tribunal – whether the Tribunal complied with s.424A – whether the Tribunal erred by failing to have documents translated into English – whether the Tribunal constructively failed to exercise its jurisdiction –no jurisdictional error – application dismissed.

    PRACTICE & PROCEDURE – New ground raised in submissions without leave after hearing
  • AIZ15 & Anor v Minister for Immigration & Anor [2016] FCCA 2122

    19 August 2016

    MIGRATION – Application for a protection (Class XA) visa – review of decision of Refugee Review Tribunal – whether the Tribunal complied with s.424A – whether the Tribunal erred by failing to have documents translated into English – whether the Tribunal constructively failed to exercise its jurisdiction –no jurisdictional error – application dismissed.

    PRACTICE & PROCEDURE – New ground raised in submissions without leave after hearing

  • Fair Work Ombudsman v Mamak Pty Ltd & Ors [2016] FCCA 2104

    19 August 2016

    INDUSTRIAL LAW – Penalty – contraventions of the Restaurant Industry Award 2010 relating to remuneration – failure to comply with record keeping obligations under the Fair Work Act 2009 (Cth) – appropriate penalty to be imposed – relevant considerations – applicable penalty of each contravention.
  • Fair Work Ombudsman v Mamak Pty Ltd & Ors [2016] FCCA 2104

    19 August 2016

    INDUSTRIAL LAW – Penalty – contraventions of the Restaurant Industry Award 2010 relating to remuneration – failure to comply with record keeping obligations under the Fair Work Act 2009 (Cth) – appropriate penalty to be imposed – relevant considerations – applicable penalty of each contravention.

  • Oz v Minister for Immigration & Anor [2016] FCCA 1810

    19 August 2016

    MIGRATION – Application for Other Family (Residence) (Class BU) visa – review of decision of Migration Review Tribunal – whether the Tribunal failed to properly consider evidence before it – whether the Tribunal failed to apply the law.
  • Oz v Minister for Immigration & Anor [2016] FCCA 1810

    19 August 2016

    MIGRATION – Application for Other Family (Residence) (Class BU) visa – review of decision of Migration Review Tribunal – whether the Tribunal failed to properly consider evidence before it – whether the Tribunal failed to apply the law.

  • BDI15 v Minister for Immigration & Anor [2016] FCCA 2116

    19 August 2016

    MIGRATION – Application for protection visa – review of decision of Administrative Appeals Tribunal – whether the Tribunal failed to consider the consequence of the applicant’s inter-caste marriage within the meaning of s.91R(1)(b) of the Migration Act 1958 (Cth) – whether the Tribunal ought to have considered the time period in which the applicant had resided outside of Nepal gave rise to the risk of serious harm within s.91R(1)(b) – no jurisdictional error – application dismissed.
  • BDI15 v Minister for Immigration & Anor [2016] FCCA 2116

    19 August 2016

    MIGRATION – Application for protection visa – review of decision of Administrative Appeals Tribunal – whether the Tribunal failed to consider the consequence of the applicant’s inter-caste marriage within the meaning of s.91R(1)(b) of the Migration Act 1958 (Cth) – whether the Tribunal ought to have considered the time period in which the applicant had resided outside of Nepal gave rise to the risk of serious harm within s.91R(1)(b) – no jurisdictional error – application dismissed.

  • SZVFW & Anor v Minister for Immigration & Anor [2016] FCCA 2083

    19 August 2016

    MIGRATION – Application to review the decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) – whether the Tribunal’s exercise of its power to make a decision on the review in circumstances where Applicants did not attend the Tribunal hearing was legally unreasonable.
  • SZVFW & Anor v Minister for Immigration & Anor [2016] FCCA 2083

    19 August 2016

    MIGRATION – Application to review the decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) – whether the Tribunal’s exercise of its power to make a decision on the review in circumstances where Applicants did not attend the Tribunal hearing was legally unreasonable.

  • Phornpisutikul v Minister for Immigration & Anor [2016] FCCA 1934

    19 August 2016

    MIGRATION – Application for Temporary Business Entry (Class UC) visa – review of decision of Migration Review Tribunal – whether the Tribunal denied the applicant procedural fairness by failing to review the delegate’s decision because it was not an MRT-reviewable decision – no jurisdictional error – application dismissed.
  • Phornpisutikul v Minister for Immigration & Anor [2016] FCCA 1934

    19 August 2016

    MIGRATION – Application for Temporary Business Entry (Class UC) visa – review of decision of Migration Review Tribunal – whether the Tribunal denied the applicant procedural fairness by failing to review the delegate’s decision because it was not an MRT-reviewable decision – no jurisdictional error – application dismissed.

  • SZTTO v Minister for Immigration & Anor [2016] FCCA 2128

    19 August 2016

    MIGRATION – Application to review decision of the Refugee Review Tribunal – standard of interpretation at Tribunal hearing – whether non-compliance with s.425 of the Migration Act 1958 (Cth).
  • SZTTO v Minister for Immigration & Anor [2016] FCCA 2128

    19 August 2016

    MIGRATION – Application to review decision of the Refugee Review Tribunal – standard of interpretation at Tribunal hearing – whether non-compliance with s.425 of the Migration Act 1958 (Cth).

  • AOI16 v Minister for Immigration & Anor [2016] FCCA 2012

    19 August 2016

    MIGRATION – Review of decision of Administrative Appeals Tribunal –application for protection visa – grounds of apostasy and political opinion – whether Tribunal failed to consider the previous findings and/or recommendations of the Independent Protection Assessor – whether the Tribunal’s adverse credibility findings were open to it – whether the Tribunal’s findings were unreasonable or irrational – apprehended bias – no jurisdictional error – application dismissed.
  • AOI16 v Minister for Immigration & Anor [2016] FCCA 2012

    19 August 2016

    MIGRATION – Review of decision of Administrative Appeals Tribunal –application for protection visa – grounds of apostasy and political opinion – whether Tribunal failed to consider the previous findings and/or recommendations of the Independent Protection Assessor – whether the Tribunal’s adverse credibility findings were open to it – whether the Tribunal’s findings were unreasonable or irrational – apprehended bias – no jurisdictional error – application dismissed.

  • SZTIM v Minister for Immigration & Anor [2016] FCCA 2124

    19 August 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal ( Tribunal) – whether it was relevant to the review for the Tribunal to ask the applicant questions of the applicant’s knowledge of the grounds on which another person claimed protection – whether the Tribunal asked such questions for the purpose of considering such other person’s application for review – whether the Tribunal acted unreasonably in making an adverse credibility finding partly on the basis of the manner in which the applicant answered questions about the other person’s application for review – whether the Tribunal breached s.429 of the Migration Act 1958 (Cth) by asking questions of the applicant about the grounds on which another person applied for protection – no jurisdictional error.
  • SZTIM v Minister for Immigration & Anor [2016] FCCA 2124

    19 August 2016

    MIGRATION – Application for review of decision of Refugee Review Tribunal ( Tribunal) – whether it was relevant to the review for the Tribunal to ask the applicant questions of the applicant’s knowledge of the grounds on which another person claimed protection – whether the Tribunal asked such questions for the purpose of considering such other person’s application for review – whether the Tribunal acted unreasonably in making an adverse credibility finding partly on the basis of the manner in which the applicant answered questions about the other person’s application for review – whether the Tribunal breached s.429 of the Migration Act 1958 (Cth) by asking questions of the applicant about the grounds on which another person applied for protection – no jurisdictional error.

  • Eden & Kingston [2016] FCCA 2144

    19 August 2016

    FAMILY LAW – Children – interim parenting – four children – children living with father since 2011 – retention of one of the children by mother in May 2016 – separation of siblings – allegations of family violence – parental conflict – presumption of equal shared parental responsibility rebutted – children to live with father and spend time with the mother.
  • Eden & Kingston [2016] FCCA 2144

    19 August 2016

    FAMILY LAW – Children – interim parenting – four children – children living with father since 2011 – retention of one of the children by mother in May 2016 – separation of siblings – allegations of family violence – parental conflict – presumption of equal shared parental responsibility rebutted – children to live with father and spend time with the mother.

  • Shafaq v Milez Trading Group Pty Limited & Anor [2016] FCCA 2135

    18 August 2016

    INDUSTRIAL LAW – Application in a Case for default judgment – alleged contraventions of Fair Work Act 2009 (Cth) – default judgment made.
  • Shafaq v Milez Trading Group Pty Limited & Anor [2016] FCCA 2135

    18 August 2016

    INDUSTRIAL LAW – Application in a Case for default judgment – alleged contraventions of Fair Work Act 2009 (Cth) – default judgment made.

  • Owen & Owen [2016] FCCA 2130

    18 August 2016

    FAMILY LAW – Property – sham transactions by husband – complex web of private companies and loans to and from those companies – transactions unravelled.
  • Owen & Owen [2016] FCCA 2130

    18 August 2016

    FAMILY LAW – Property – sham transactions by husband – complex web of private companies and loans to and from those companies – transactions unravelled.

  • Mullen & Barley [2016] FCCA 2129

    18 August 2016

    FAMILY LAW – Consent application to discharge child support agreement.
  • Mullen & Barley [2016] FCCA 2129

    18 August 2016

    FAMILY LAW – Consent application to discharge child support agreement.

  • Maffle & Segal [2016] FCCA 2125

    18 August 2016

    FAMILY LAW – Parenting – orders sought by applicant father – orders for sole parental responsibility and no time/communication spent by father with children sought by respondent mother – father has consistently refused to comply with orders of the Court – matter heard on an undefended basis – orders made for mother to have sole parental responsibility– orders made for father to have no time or communication with children – father’s application dismissed.
  • Maffle & Segal [2016] FCCA 2125

    18 August 2016

    FAMILY LAW – Parenting – orders sought by applicant father – orders for sole parental responsibility and no time/communication spent by father with children sought by respondent mother – father has consistently refused to comply with orders of the Court – matter heard on an undefended basis – orders made for mother to have sole parental responsibility– orders made for father to have no time or communication with children – father’s application dismissed.

  • Krysiak v Public Transport Authority of Western Australia [2016] FCCA 2121

    18 August 2016

    HUMAN RIGHTS – Disability discrimination – termination of the number 14 bus route.

    PRACTICE AND PROCEDURE – Interim injunction – whether basis for grant of interim injunction made out.
  • Krysiak v Public Transport Authority of Western Australia [2016] FCCA 2121

    18 August 2016

    HUMAN RIGHTS – Disability discrimination – termination of the number 14 bus route.

    PRACTICE AND PROCEDURE – Interim injunction – whether basis for grant of interim injunction made out.

  • The Owners - Strata Plan No 14120 v McCarthy (No. 2) [2016] FCCA 2007

    18 August 2016

    BANKRUPTCY – Final orders dismissing Creditor’s Petition consequent upon previous answers to two separate questions – s.229 of the Strata Schemes Management Act 1996 (NSW).
  • The Owners - Strata Plan No 14120 v McCarthy (No. 2) [2016] FCCA 2007

    18 August 2016

    BANKRUPTCY – Final orders dismissing Creditor’s Petition consequent upon previous answers to two separate questions – s.229 of the Strata Schemes Management Act 1996 (NSW).

  • WZATV v Minister for Immigration & Anor [2016] FCCA 2019

    18 August 2016

    IGRATION – Judicial review – decision of former Refugee Review Tribunal – Indian citizen – sexual offences in Australia – alleged denial of procedural fairness by alleged failure to consider integer of claim or alleged failure to take into account a relevant consideration by reason of conviction for sexual offences in Australia and psychological harm if returned to India – alleged error in country information – allegation that Refugee Review Tribunal not “foresightful” – alleged error concerning future conduct of authorities in India – whether jurisdictional error concerning finding about placement on sex offenders’ register in India and consequences of involuntary removal from Australia – effect upon applicant’s safety in India of breach of privacy by release of personal data – effect of Indian Government’s position on sex offenders – writs issued.
  • WZATV v Minister for Immigration & Anor [2016] FCCA 2019

    18 August 2016

    IGRATION – Judicial review – decision of former Refugee Review Tribunal – Indian citizen – sexual offences in Australia – alleged denial of procedural fairness by alleged failure to consider integer of claim or alleged failure to take into account a relevant consideration by reason of conviction for sexual offences in Australia and psychological harm if returned to India – alleged error in country information – allegation that Refugee Review Tribunal not “foresightful” – alleged error concerning future conduct of authorities in India – whether jurisdictional error concerning finding about placement on sex offenders’ register in India and consequences of involuntary removal from Australia – effect upon applicant’s safety in India of breach of privacy by release of personal data – effect of Indian Government’s position on sex offenders – writs issued.

  • SZUSW v Minister for Immigration & Anor [2016] FCCA 2100

    18 August 2016

    MIGRATION – Application for review set down for final hearing – Applicant leaves Australia without current visa and not entitled to return – No point or purpose in maintaining the final hearing date – application dismissed.
  • SZUSW v Minister for Immigration & Anor [2016] FCCA 2100

    18 August 2016

    MIGRATION – Application for review set down for final hearing – Applicant leaves Australia without current visa and not entitled to return – No point or purpose in maintaining the final hearing date – application dismissed.

  • Torrobass Pty Ltd v Bramley & Anor [2016] FCCA 2097

    18 August 2016

    BANKRUPTCY – Bankruptcy Act 1966 – trustees consent to act under s.156A one day late – a mere formal defect or irregularity under s.306 – appropriate relief granted regularising appointment of trustees.
  • Torrobass Pty Ltd v Bramley & Anor [2016] FCCA 2097

    18 August 2016

    BANKRUPTCY – Bankruptcy Act 1966 – trustees consent to act under s.156A one day late – a mere formal defect or irregularity under s.306 – appropriate relief granted regularising appointment of trustees.

  • Nawaqaliva v Minister for Immigration & Anor [2016] FCCA 2080

    17 August 2016

    MIGRATION – Judicial review of decision of Migration Review Tribunal ( Tribunal) not to grant applicant Other Family (Residence) (Subclass 836) visa ( Carer visa) – whether Tribunal misconstrued reg.1.15AA(1)(e) of the Migration Regulations 1994 (Cth) as it stood before 9 November 2009 by failing to consider whether sponsor’s Australian relatives were willing to provide assistance to the sponsor – jurisdictional error established.
  • Nawaqaliva v Minister for Immigration & Anor [2016] FCCA 2080

    17 August 2016

    MIGRATION – Judicial review of decision of Migration Review Tribunal ( Tribunal) not to grant applicant Other Family (Residence) (Subclass 836) visa ( Carer visa) – whether Tribunal misconstrued reg.1.15AA(1)(e) of the Migration Regulations 1994 (Cth) as it stood before 9 November 2009 by failing to consider whether sponsor’s Australian relatives were willing to provide assistance to the sponsor – jurisdictional error established.

  • BPF15 v Minister for Immigration & Anor [2016] FCCA 2112

    17 August 2016

    MIGRATION – Judicial review – protection visa – applicant alleges Tribunal breached s425 of the Migration Act.
  • BPF15 v Minister for Immigration & Anor [2016] FCCA 2112

    17 August 2016

    MIGRATION – Judicial review – protection visa – applicant alleges Tribunal breached s425 of the Migration Act.

  • AYL15 v Minister for Immigration & Anor [2016] FCCA 2062

    17 August 2016

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal – Sri Lankan citizen – unparticularised grounds of review – whether bias – whether wrong issue considered – whether failure to consider relevant material – failure of applicant to attend Tribunal hearing – whether Tribunal hearing invitation complied with statutory requirements – whether jurisdictional error.
  • AYL15 v Minister for Immigration & Anor [2016] FCCA 2062

    17 August 2016

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal – Sri Lankan citizen – unparticularised grounds of review – whether bias – whether wrong issue considered – whether failure to consider relevant material – failure of applicant to attend Tribunal hearing – whether Tribunal hearing invitation complied with statutory requirements – whether jurisdictional error.

  • AUR15 v Minister for Immigration & Anor [2016] FCCA 2119

    17 August 2016

    MIGRATION – Judicial review – protection visa – unparticularised grounds for review.
  • AUR15 v Minister for Immigration & Anor [2016] FCCA 2119

    17 August 2016

    MIGRATION – Judicial review – protection visa – unparticularised grounds for review.

  • AML15 v Minister for Immigration & Anor [2016] FCCA 2115

    17 August 2016

    MIGRATION – Judicial review – protection visa.
  • AML15 v Minister for Immigration & Anor [2016] FCCA 2115

    17 August 2016

    MIGRATION – Judicial review – protection visa.

  • AYW15 v Minister for Immigration & Anor [2016] FCCA 2113

    17 August 2016

    MIGRATION – Judicial review – protection visa – Tribunal’s treatment of credibility – breach of s425 – use of untranslated document.
  • AYW15 v Minister for Immigration & Anor [2016] FCCA 2113

    17 August 2016

    MIGRATION – Judicial review – protection visa – Tribunal’s treatment of credibility – breach of s425 – use of untranslated document.

  • WZAUY v Minister for Immigration & Anor [2016] FCCA 2024

    16 August 2016

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal to refuse Chinese citizen a protection visa – whether applicant denied procedural fairness – whether irrelevant considerations taken into account – whether jurisdictional error.
  • WZAUY v Minister for Immigration & Anor [2016] FCCA 2024

    16 August 2016

    MIGRATION – Judicial review – decision of former Refugee Review Tribunal to refuse Chinese citizen a protection visa – whether applicant denied procedural fairness – whether irrelevant considerations taken into account – whether jurisdictional error.

  • AFL15 v Minister for Immigration & Anor [2016] FCCA 2086

    15 August 2016

    MIGRATION – Whether the Tribunal failed to consider the Applicant’s evidence and his claims – whether the Tribunal failed to accord the Applicant procedural fairness – application for judicial review dismissed.
  • AFL15 v Minister for Immigration & Anor [2016] FCCA 2086

    15 August 2016

    MIGRATION – Whether the Tribunal failed to consider the Applicant’s evidence and his claims – whether the Tribunal failed to accord the Applicant procedural fairness – application for judicial review dismissed.

  • BNU15 v Minister for Immigration & Anor [2016] FCCA 2085

    15 August 2016

    MIGRATION – application for protection visa – whether Tribunal failed to afford the Applicant procedural fairness – whether Tribunal failed to perform its statutory task – application dismissed.
  • BNU15 v Minister for Immigration & Anor [2016] FCCA 2085

    15 August 2016

    MIGRATION – application for protection visa – whether Tribunal failed to afford the Applicant procedural fairness – whether Tribunal failed to perform its statutory task – application dismissed.

  • AMQ16 v Minister for Immigration & Anor [2016] FCCA 2084

    15 August 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – show cause hearing – real chance test – whether the Tribunal erred in making adverse credibility findings – whether the Tribunal failed to apply the correct test – whether the Tribunal’s decision lacked an evident and intelligible justification – no arguable jurisdictional error identified – application dismissed under r.44.12.
  • AMQ16 v Minister for Immigration & Anor [2016] FCCA 2084

    15 August 2016

    MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Protection (Class XA) visa – show cause hearing – real chance test – whether the Tribunal erred in making adverse credibility findings – whether the Tribunal failed to apply the correct test – whether the Tribunal’s decision lacked an evident and intelligible justification – no arguable jurisdictional error identified – application dismissed under r.44.12.

  • Harding & Watson [2016] FCCA 1999

    15 August 2016

    FAMILY LAW – Contravention alleged of parenting orders – contravention Applications dismissed – mother suffers from Bipolar and Delusional Disorder – consent to S.102QB Order – contested parenting issues – mother to have treatment and supervised time with child if treatment successful.
  • Harding & Watson [2016] FCCA 1999

    15 August 2016

    FAMILY LAW – Contravention alleged of parenting orders – contravention Applications dismissed – mother suffers from Bipolar and Delusional Disorder – consent to S.102QB Order – contested parenting issues – mother to have treatment and supervised time with child if treatment successful.

  • O’Connor & Barker [2016] FCCA 2000

    15 August 2016

    FAMILY LAW – Parenting dispute – both parents have mental health problems – both have criminal priors – both previously used illegal drugs – ‘good enough’ parent.
  • O’Connor & Barker [2016] FCCA 2000

    15 August 2016

    FAMILY LAW – Parenting dispute – both parents have mental health problems – both have criminal priors – both previously used illegal drugs – ‘good enough’ parent.

  • Arhbal v Minister for Immigration & Anor [2016] FCCA 1963

    15 August 2016

    MIGRATION – Visa – partner visa – ‘spouse’ – whether spousal relationship – whether Tribunal treated r.1.15A matters as “requirements” rather than factors to be considered – no error demonstrated.
  • Arhbal v Minister for Immigration & Anor [2016] FCCA 1963

    15 August 2016

    MIGRATION – Visa – partner visa – ‘spouse’ – whether spousal relationship – whether Tribunal treated r.1.15A matters as “requirements” rather than factors to be considered – no error demonstrated.

  • Casey & Casey [2016] FCCA 1998

    15 August 2016

    FAMILY LAW – Property dispute – around 20 years cohabitation – husband made greater initial contribution – wife has greater needs – wife’s poor health – husband has greater income earning capacity – wife unlikely to earn a significant income, unlike the husband – wife has overwhelming needs.
  • Casey & Casey [2016] FCCA 1998

    15 August 2016

    FAMILY LAW – Property dispute – around 20 years cohabitation – husband made greater initial contribution – wife has greater needs – wife’s poor health – husband has greater income earning capacity – wife unlikely to earn a significant income, unlike the husband – wife has overwhelming needs.