Special Leave Applications to the High Court

9 Nov 2018 :   Kaur v Minister for Immigration and Border Protection [2018] FCA 1765
Charlesworth J      
MIGRATION - criteria for visa to be fulfilled at time of application - visa application not accompanied by evidence the applicant had satisfactorily completed English competency test - visa applicant later furnishing evidence - Administrative Appeals Tribunal rejecting evidence - visa refused - no jurisdictional error

Status of Appeal to High Court - Feb 2019: HCA special leave application dismissed [2019] HCASL 4

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2 Nov 2018 :   EAK16 v Minister for Home Affairs [2018] FCA 1663
Reeves J      
MIGRATION - review of a migration decision

Status of Appeal to High Court - Feb 2019: HCA special leave application dismissed [2019] HCASL 11

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31 Oct 2018 :   CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641
Thawley J      
MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Immigration Assessment Authority - whether Authority failed to consider exercising its discretion under s 473DC - whether legally unreasonable for Authority not to consider exercising its discretion under s 473DC of the Migration Act 1958 (Cth) to invite the appellant to comment on "new information" - where "new information" was country…

Status of Appeal to High Court - Feb 2019: HCA special leave application dismissed [2019] HCASL 19

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27 Sep 2018 :   Singh v Minister for Immigration and Border Protection [2018] FCAFC 162
Greenwood Acj, Charlesworth and O'Callaghan JJ      
MIGRATION - appeal from decision of Federal Circuit Court affirming decision of Tribunal - decision not to revoke cancellation of appellant's Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visa following a "dob in" letter from a sponsor employer - whether Tribunal erred by failing to comply with s 359A of the Migration Act 1958 (Cth) by failing to communicate certain information in dob in letter - where evidence that appellant knew contents of dob in…

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 371

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21 Sep 2018 :   BHI16 v Minister for Immigration and Border Protection [2018] FCA 1441
Burley J      
MIGRATION - refusal of a protection visa application - whether the Tribunal failed to consider the risk of serious harm or real risk of significant harm to the appellant - appeal dismissed

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 394

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21 Sep 2018 :   AYT15 v Minister for Immigration and Border Protection [2018] FCA 1444
Burley J      
MIGRATION - refusal of a protection visa application - whether the Tribunal failed to consider the appellant's claims cumulatively - whether the Tribunal failed to assess deprivation of freedom of worship - appeal dismissed

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 393

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19 Sep 2018 :   AIF15 v Minister for Immigration and Border Protection [2018] FCA 1435
Banks-smith J      
MIGRATION - appeal from dismissal of judicial review application by Federal Circuit Court of Australia - application to rely on new grounds of appeal - whether Refugee Review Tribunal failed to consider claims - relevance of corroborative evidence - appeal dismissed

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 399

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14 Sep 2018 :   Minister for Home Affairs v Buadromo [2018] FCAFC 151
Besanko, Barker and Bromwich JJ       ( 362 ALR 48 )
MIGRATION - appeal from orders by a judge of this Court - where primary judge made an order setting aside a decision of the Assistant Minister for Immigration and Border Protection (Assistant Minister) and an order remitting the matter to the Assistant Minister for redetermination in accordance with the law - where Assistant Minister's decision made pursuant to s 501CA(4) of the Migration Act 1958 (Cth) and was a decision not to revoke a decision to cancel the respondent's…

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 377

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10 Sep 2018 :   SZWAQ v Minister for Home Affairs [2018] FCA 1482
Lee J      
MIGRATION - appeal from decision of the Federal Circuit Court; whether Tribunal failed to properly consider the appellant's claim

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 369

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10 Sep 2018 :   DUV17 v Minister for Immigration and Border Protection [2018] FCA 1492
Lee J      
MIGRATION - appeal from decision of the Federal Circuit Court; whether the Authority failed to exercise or failed to consider to exercise its discretion to obtain new information; whether the Authority failed to assess certain claims; whether the Authority failed to consider or misapplied the test in considering the appellant's claim for complementary protection

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 376

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7 Sep 2018 :   EKW17 v Minister for Immigration and Border Protection [2018] FCA 1366
Bromwich J      
MIGRATION - appeal from orders of primary judge dismissing application for judicial review of Immigration Assessment Authority affirming decision of delegate to refuse grant of protection visa - whether primary judge erred in not finding that Authority failed to comply with s 473DE of Migration Act 1958 (Cth) by finding that new information fell within statutory exception - whether primary judge erred in not finding that Authority failed to exercise, or to consider…

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 397

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7 Sep 2018 :   ARA17 v Minister for Home Affairs [2018] FCA 1378
McKerracher J      
MIGRATION - protection visa - appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Tribunal affirming the Minister's decision not to grant a protection visa - attempt to raise material not before the Tribunal or primary judge - grounds seeking to invite merits review - MZZJO distinguished - no appellable error Held: appeal dismissed

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 373

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6 Sep 2018 :   BFL16 v Minister for Immigration and Border Protection [2018] FCA 1356
Gleeson J      
MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for review of Administrative Appeals Tribunal decision to affirm decision to deny appellant protection visa - whether to grant leave to rely on grounds not raised before FCCA - where grounds meritless, identifying no error on part of FCCA or Tribunal - leave refused - appeal dismissed

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 333

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6 Sep 2018 :   DOD16 v Minister for Immigration and Border Protection [2018] FCA 1359
Banks-smith J      
MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of Immigration Assessment Authority decision affirming delegate's refusal to grant protection visa - where alleged error by Immigration Assessment Authority in failing to differentiate position of appellant from that of his cousins in assessing risk of harm - where reasons indicate differences were taken into account - whether matters considered cumulatively by…

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 368

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3 Sep 2018 :   DMU16 v Minister for Immigration and Border Protection [2018] FCA 1334
Thawley J      
MIGRATION - appeal from Federal Circuit Court of Australia - where Federal Circuit Court dismissed an application for review of a decision of the Immigration Assessment Authority - whether Authority was required to engage in "more specific reasoning" in relation to threats purportedly made to the appellant - whether Authority failed to engage in an "active intellectual process" in relation to each integer of the appellant's claims PRACTICE AND PROCEDURE - application for…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 347

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3 Sep 2018 :   CMY17 v Minister for Immigration and Border Protection [2018] FCA 1333
Thawley J      
MIGRATION - appeal from orders of the Federal Circuit Court of Australia - fast track reviewable decision of the Immigration Assessment Authority - where Authority did not get "new information" from the appellant - where appellant did not identify which "new information" should be got and made no express request for the Authority to consider "new information" PRACTICE AND PROCEDURE - application for leave to rely on grounds not raised below - where proposed grounds lacked…

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 375

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30 Aug 2018 :   Hooton v Minister for Home Affairs [2018] FCAFC 142
Robertson, Steward and Thawley JJ      
MIGRATION - appeal from orders of a judge of the Federal Court of Australia - decision by Minister under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke original decision under s 501(3A) - appellant convicted of using a carriage service to access child pornography material and possessing child exploitation material for which he was sentenced on each charge to concurrent terms of 20 months imprisonment - where Minister not satisfied that there was another reason why…

Status of Appeal to High Court - Feb 2019: HCA special leave application dismissed with costs [2019] HCASL 25

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29 Aug 2018 :   SZNBX v Minister for Immigration and Border Protection [2018] FCA 1172
Griffiths J      
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether the primary judge erred in not finding that the Administrative Appeals Tribunal (AAT) failed to consider relevant facts and material in concluding that the appellants had a right to enter and reside in other European Union countries for the purposes of s 36(3) of the Migration Act 1958 (Cth) - whether the primary judge erred in not finding that the AAT had considered irrelevant material or …

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 374

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24 Aug 2018 :   DDQ17 v Minister for Immigration and Border Protection [2018] FCA 1223
Bromwich J      
MIGRATION - appeal from orders made by primary judge dismissing application for judicial review of decision of Immigration Assessment Authority which affirmed decision of delegate of first respondent to refuse subclass 790 visa to appellant - where Authority accepted appellant's account of events but found that appellant did not have well-founded fear of persecution due to changed country circumstances - ground 1: whether primary judge erred in failing to find jurisdictional …

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 331

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24 Aug 2018 :   ALS16 v Minister for Immigration and Border Protection [2018] FCA 1290
Derrington J      
MIGRATION - Tribunal finding appellant lacked credibility - credibility finding overwhelming other supporting evidence - new grounds sought to be advanced on appeal - no error by the Federal Circuit Court

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 346

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23 Aug 2018 :   Liem v Republic of Indonesia [2018] FCAFC 135
Mortimer, Wigney and Lee JJ      
EXTRADITION - appeal from decision of the Federal Court dismissing application for judicial review and confirming orders determining appellant eligible for surrender to Indonesia - whether money laundering offence in request for extradition capable of being an "extradition offence" within the meaning of the Extradition Act 1988 (Cth) - whether statement of conduct deficient with respect to money laundering offence - appeal dismissed

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed with costs [2018] HCASL 383

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22 Aug 2018 :   DCD17 v Minister for Immigration and Border Protection [2018] FCA 1262
Derrington J      
MIGRATION - where AAT dismissed application for review because it disbelieved the appellant on several counts - where there were several inconsistencies in the appellant's evidence - where appeal to FCC attempted to re-engage the merits - where grounds of appeal to this Court mirrored those in the FCC - held, grounds properly considered below - appeal dismissed

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 356

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22 Aug 2018 :   EDK17 v Minister for Immigration and Border Protection [2018] FCA 1258
Derrington J      
MIGRATION - where IAA found applicant did not meet criteria for grant of a visa on complimentary protection grounds - where appeal to FCC was that the IAA had made a legally unreasonable finding of fact - where there was sufficient material before the IAA to support its conclusions - whether primary judge made an unreasonable finding of fact - held, considering evidence no real risk of significant harm - no unreasonableness

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 332

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21 Aug 2018 :   Singh v Minister for Immigration and Border Protection [2018] FCA 1231
Griffiths J      
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - where neither the appellant nor his representative attended a hearing of the Administrative Appeals Tribunal (AAT) in respect of the appellant's application for a review a decision of the Minister's delegate not to grant the appellant a partner (Residence) (Class BS) Subclass 801 visa - whether the appellant was afforded procedural fairness by the AAT - whether the primary judge erred in finding…

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed [2018] HCASL 365

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21 Aug 2018 :   Risha v Minister for Immigration and Border Protection [2018] FCA 1342
Wigney J      
MIGRATION - application for Student (Class TU) (subclass 572) visa - failure to satisfy cl 572.223(1) of Schedule 2 to the Migration Regulations 1994 (Cth) - failure to satisfy "genuine temporary entrant" criterion - allegation of breach of s 360 Migration Act 1958 (Cth) - allegation of failure to take into account relevant considerations in cl 572.223(1) - where appeal grounds identical to grounds of review in court below - where appellant unable to identify any error in…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 344

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17 Aug 2018 :   SZSHY v Minister for Immigration and Border Protection [2018] FCA 1233
Farrell J      
MIGRATION - appeal from the Federal Circuit Court of Australia - Federal Circuit Court dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - whether the Tribunal acted in a manifestly unreasonable way - whether the Tribunal complied with s 91R of the Migration Act 1958 (Cth) - whether the primary judge considered purported legal and factual errors in the Tribunal's reasoning - appeal dismissed

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 354

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16 Aug 2018 :   Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No 2) [2018] FCAFC 132
Allsop CJ, Moshinsky and Colvin JJ       ( 129 ACSR 576 )
PRACTICE AND PROCEDURE - application for leave to appeal against decision summarily dismissing in rem claim against a vessel - where proceeding dismissed after plaintiffs informed the Court that they could not proceed with case - consideration of principles of res judicata - whether final judgment must be decided "on the merits" PRACTICE AND PROCEDURE - application for leave to appeal against decision refusing an injunction to prevent the removal or alienation of vessel -…

Status of Appeal to High Court - Feb 2019: HCA special leave application refused with costs

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15 Aug 2018 :   ECH17 v Minister for Immigration and Border Protection [2018] FCA 1222
Steward J      
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia- whether primary judge erred in dismissing an application for judicial review - whether Immigration Assessment Authority misconstrued its statutory duty by adopting an unduly narrow construction of s 473DD of the Migration Act 1958 (Cth)

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 330

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14 Aug 2018 :   Chandra v Minister for Immigration and Border Protection [2018] FCAFC 152
Rares, Steward and Thawley JJ      
MIGRATION - whether Minister's decision not to revoke cancellation decision pursuant to Migration Act 1958 (Cth) s 501CA(4) affected by jurisdictional error by failing to take into account relevant considerations

Status of Appeal to High Court - Feb 2019: HCA special leave application dismissed [2019] HCASL 18

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14 Aug 2018 :   Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126
Tracey, Logan and Bromwich JJ      
INDUSTRIAL LAW - appeal from a judgment of the Federal Circuit Court - where the primary judge had imposed civil penalties on the Construction, Forestry, Maritime, Mining and Energy Union in the maximum amounts available for six contraventions of s 500 of the Fair Work Act 2009 (Cth) - whether the primary judge erred by failing to treat the appellant's contraventions as arising out of a course of conduct - whether the primary judge erred by finding that the union official…

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed with costs [2018] HCASL 380

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10 Aug 2018 :   Iftikhar v Minister for Immigration and Border Protection [2018] FCA 1197
Tracey J      
MIGRATION - appeal from a decision of the Federal Circuit Court ("the FCC") - where the FCC had dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Border Protection not to grant the appellant a Medical Treatment (Visitor) (Class UB) visa - where the appellant had failed to apply for the visa within 28 days after the date on which he…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 328

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10 Aug 2018 :   Nasir v Minister for Home Affairs [2018] FCA 1287
North J      

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 353

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9 Aug 2018 :   Pun v Minister for Home Affairs [2018] FCA 1190
Tracey J      
MIGRATION - appeal from a decision of the Federal Circuit Court ("the FCC") - where the FCC had dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal had affirmed a decision of a delegate of the Minister for Home Affairs not to grant the first appellant a Medical Treatment (Visitor) (Class UB) visa - where the first appellant had failed to apply for the visa within 28 days after the date on which she last held…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 329

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9 Aug 2018 :   AXB17 v Minister for Immigration and Border Protection [2018] FCA 1295
Logan J      
MIGRATION - appeal against Federal Circuit Court - not at large before Federal Circuit Court - grounds of appeal - no merit in grounds of appeal. Held - dismissed.

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 349

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9 Aug 2018 :   Xu v Minister for Immigration and Border Protection [2018] FCA 1181
Collier J      
MIGRATION - Subclass 457 visa application - appeal from decision of Federal Circuit Court dismissing application for review of Tribunal decision - where Federal Circuit Court had made show cause order - where appellants indicated to primary Judge that they would not allege fraud or that their visa application was never validly made - where the appellants sought leave to rely on grounds that were abandoned before the primary Judge - requirements of pleadings and evidence…

Status of Appeal to High Court - Feb 2019: HCA special leave application dismissed [2019] HCASL 22

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9 Aug 2018 :   CJO15 v Minister for Immigration and Border Protection [2018] FCA 1338
North J      

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 343

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8 Aug 2018 :   ASD16 v Minister for Immigration and Border Protection [2018] FCA 1165
Tracey J      
MIGRATION - appeal from a judgment of the Federal Circuit Court ("the FCC") - where the FCC had dismissed an application for judicial review of a decision of the Refugee Review Tribunal - where the Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant the appellant a protection visa - whether the FCC had erred in failing to find that the Tribunal had committed a jurisdictional error - whether the Tribunal had…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 341

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7 Aug 2018 :   CKJ17 v Minister for Home Affairs [2018] FCA 1284
Logan J      
MIGRATION - appeal from Federal Circuit Court - grounds not raised before primary judge - no merit in grounds. Held - dismissed.

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 338

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7 Aug 2018 :   CZY16 v Minister for Immigration and Border Protection [2018] FCA 1171
Robertson J      
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the application to that court, with costs - that application was for judicial review of the decision of a delegate of the Minister for Immigration and Border Protection not to grant the appellant a Protection (Class XA) visa - application to raise, as a sole ground of appeal, a ground not raised before the Federal Circuit Court of Australia - whether expedient in the interests of justice to…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 352

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6 Aug 2018 :   CTI16 v Minister for Home Affairs [2018] FCA 1164
Steward J      
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - whether the decision of the Federal Circuit Court was affected by jurisdictional error - no jurisdictional error - appeal dismissed

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 351

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3 Aug 2018 :   AAM15 v Minister for Immigration and Border Protection [2018] FCA 1143
Collier J      
MIGRATION - protection visa application - appeal against dismissal by Federal Circuit Court of application for judicial review of Tribunal decision - consideration of claims under ss 36(2)(a) and (aa) of the Migration Act 1958 (Cth) (the Act) - requirements of natural justice in Tribunal - requirements of s 425 of the Act - whether the Tribunal has a duty to inquire in discharging natural justice obligations - requirements of ss 424A and 424AA of the Act

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 297

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3 Aug 2018 :   Onley v Catlin Syndicate Ltd as the Underwriting Member of Lloyd's Syndicate 2003 [2018] FCAFC 119
Allsop CJ, Lee and Derrington JJ       ( 360 ALR 92 )
INSURANCE - Defence Costs extension - payable until wrongful act determined by judgment, adjudication or admission - whether implication that insurer prevented from relying on rights consequent upon insured's fraudulent non-disclosure pending judgment, adjudication or admission of wrongful act CONTRACT - Insurance policy - agreement to pay defence costs until alleged wrongful acts not covered by policy are determined by judgment adjudication or admission - whether insurer…

Status of Appeal to High Court - Feb 2019: HCA special leave application refused with costs

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1 Aug 2018 :   CHM16 v Minister for Immigration and Border Protection [2018] FCA 1132
Perry J      
MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of fast track reviewable decision by the Immigration Assessment Authority (IAA) – where IAA affirmed decision refusing to grant a safe haven visa – whether IAA correctly applied complementary protection criterion - whether appellant denied procedural fairness by not being invited to attend a hearing before the IAA – whether denial of procedural fairness by reason of alleged deficiencies…

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 296

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27 Jul 2018 :   AQP15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 1103
Gleeson J      
MIGRATION - whether Federal Circuit Court of Australia judge erred in dismissing application for review of decision of Tribunal to affirm decision to refuse protection visa - whether Tribunal failed to comply with s 425 of the Migration Act 1958 (Cth) - whether appellant should have been invited to respond to issue of whether he could provide "surety" to obtain bail if placed in custody on return to Sri Lanka - appeal dismissed

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 319

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25 Jul 2018 :   BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114
Flick, Markovic and Banks-smith JJ      
MIGRATION - where certificate issued under 473GB of Migration Act 1958 (Cth) - where appellant unaware of certificate - whether Immigration Assessment Authority failed to consider exercising discretion to disclose information - alternatively whether Immigration Assessment Authority considered but failed to exercise discretion to disclose information - where adverse inference drawn from information - whether legally unreasonable in circumstances

Status of Appeal to High Court - Feb 2019: HCA special leave application granted

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20 Jul 2018 :   SZQIW v Minister for Immigration and Border Protection [2018] FCA 1078
Charlesworth J      

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 311

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20 Jul 2018 :   SZTYV v Minister for Immigration and Border Protection [2018] FCA 1076
Steward J      
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - where the second respondent relied in part on an anonymous letter sent to the Department of Immigration and Border Protection - where the first respondent notified the second respondent that it had received additional information in confidence - whether the second respondent failed to comply with s 424AA of the Migration Act 1958 (Cth) - whether s 438…

Status of Appeal to High Court - Dec 2018: HCA special leave application dismissed with costs [2018] HCASL 382

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13 Jul 2018 :   AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111
McKerracher, Murphy and Davies JJ      
MIGRATION - Appeal from a decision of the Federal Circuit Court appealing a decision of the Minister not to grant a protection visa to a "fast track applicant" - application of the s 473DD exception to the s 473DB prohibition on the Authority considering new information where there were "exceptional circumstances" - whether it was open to the Authority to conclude that "exceptional circumstances" were not made out - meaning of "exceptional circumstances" - whether the…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 327

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12 Jul 2018 :   Wang v MTC Australia Ltd [2018] FCA 1037
Flick J      
INDUSTRIAL LAW – adverse action – where the Respondent took adverse action against the Appellant by terminating her employment – whether the reason for termination was the exercise of a workplace right – whether the primary Judge erred in concluding that the Appellant was dismissed because of her performance and not because of the exercise of a workplace right – where onus of proof reversed – whether the Respondent discharged its onus of proof PRACTICE AND PROCEDURE –…

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 310

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3 Jul 2018 :   Fathima v Minister for Immigration and Border Protection [2018] FCA 1117
Burley J      
MIGRATION - whether denial of natural justice on the part of the Tribunal for allowing hearing to proceed on the papers - denial of natural justice not found - where no request for an adjournment was made - where jurisdictional error on the part of the Tribunal not made out

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 317

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3 Jul 2018 :   BQL15 v Minister for Immigration and Border Protection [2018] FCAFC 104
Collier, Flick and Perry JJ      
MIGRATION - protection visas - appeal from the decision of the Federal Circuit Court to dismiss an application for review of the decision of the Administrative Appeals Tribunal not to grant the Appellant a protection visa - whether the Tribunal failed to comply with a Ministerial direction - whether Tribunal reasons expose adequate consideration of the Ministerial direction - consideration of the purpose of Ministerial directions - whether the Tribunal should have invited…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed with costs [2018] HCASL 363

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29 Jun 2018 :   AOL15 v Minister for Immigration and Border Protection [2018] FCA 979
Charlesworth J      
MIGRATION - protection visa - whether visa applicant made claim to fear persecution for particular Convention reason - whether claim squarely arose on material upon which applicant relied - argument advanced on appeal not raised in proceedings for judicial review - leave to introduce new argument refused

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 315

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29 Jun 2018 :   AQA16 v Minister for Immigration and Border Protection [2018] FCA 961
Gleeson J      
MIGRATION - appeal from decision of Federal Circuit Court of Australia ("FCCA") to affirm Administrative Appeals Tribunal ("AAT") decision to deny appellants protection visas - where appellants disputed AAT's factual findings - no appellable error - appeal dismissed

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 295

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28 Jun 2018 :   Luck v University of Southern Queensland [2018] FCAFC 102
Logan, Mortimer and Charlesworth JJ      
BANKRUPTCY AND INSOLVENCY - hearing of creditor's petition adjourned by a Registrar of the Federal Circuit Court of Australia to a date after the petition was due to expire - order subsequently made by the Registrar pursuant r 16.05(2)(e) of the Federal Circuit Court Rules 2001 (Cth) so as to extend the life of the petition - corrective order made after life of petition would otherwise have expired - whether power conferred by r 16.05(2)(e) available to be exercised on the…

Status of Appeal to High Court - Feb 2019: HCA special leave application dismissed [2019] HCASL 20

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28 Jun 2018 :   Mensink v Parbery [2018] FCAFC 101
Besanko, Wigney and Bromwich JJ       ( 128 ACSR 480 ; 358 ALR 209 )
PRACTICE AND PROCEDURE - consideration of the validity of orders made by a judge of this Court - appeal against orders for two arrest warrants to issue CORPORATIONS - where arrest warrants issued for the arrest of the appellant in relation to examination for the purposes of a special purpose liquidators' investigation - where primary judge ordered that a warrant issue for the arrest of the appellant in order to secure his attendance at Court for an examination before a…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 335

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21 Jun 2018 :   CTS15 v Minister for Immigration and Border Protection [2018] FCA 938
Besanko J      
MIGRATION - where appellant is a national of Sri Lanka and is of Tamil ethnicity and Hindu religion - where appellant was granted a subclass 679 (Sponsored Family Visitor, Short Stay) visa - where appellant made an application for a Protection visa after entering Australia - where delegate of the Minister for Immigration and Border Protection (delegate) refused the appellant's application for a Protection visa - where on review the Refugee Review Tribunal (now the…

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 321

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19 Jun 2018 :   CMR16 v Minister for Immigration and Border Protection [2018] FCA 916
Gleeson J      
MIGRATION - appeal from a decision of Federal Circuit Court of Australia - no appellable error identified in the decision below - appeal dismissed

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 308

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19 Jun 2018 :   AXM16 v Minister for Immigration and Border Protection [2018] FCA 926
Steward J      
MIGRATION - appeal from a judgment of the Federal Circuit Court dismissing an application for judicial review - whether Administrative Appeals Tribunal failed to consider integer of appellant's claim

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 294

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19 Jun 2018 :   Minister for Immigration and Border Protection v Aulakh [2018] FCAFC 91
Tracey, Mortimer and Moshinsky JJ      
MIGRATION - appeal from the Federal Circuit Court of Australia - skilled visa - where visa applicant nominated occupation of hairdresser - where visa applicant lodged assessment from Trades Recognition Australia that had been based on work reference letter from hairdressing salon in India - where Migration Review Tribunal concluded that the visa applicant failed to meet the requirements of Public Interest Criterion 4020 - where Tribunal found that the visa applicant was not…

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 305

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18 Jun 2018 :   AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89
Collier, McKerracher and Banks-smith JJ      
MIGRATION - application for a protection visa - where the IAA affirmed a decision of the delegate of the Minister not to grant the appellant a Safe Haven Enterprise Visa - where a Judge of the Federal Circuit Court of Australia dismissed the application for judicial review - whether the primary Judge erred in concluding that the IAA did not fall into jurisdictional error by failing to consider a claim or issue contended by the appellant, to have arisen on the material - the…

Status of Appeal to High Court - Nov 2018: HCA special leave application dismissed [2018] HCASL 334

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15 Jun 2018 :   AQR17 v Minister for Immigration and Border Protection [2018] FCA 901
Steward J      
MIGRATION - application for an extension of time and appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - whether the Immigration Assessment Authority failed to consider evidence - no jurisdictional error

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 261

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13 Jun 2018 :   CED17 v Minister for Immigration and Border Protection [2018] FCA 877
Steward J      
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review - whether Immigration Assessment Authority was required to consider claims cumulatively

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 259

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13 Jun 2018 :   AUR15 v Minister for Immigration and Border Protection [2018] FCA 885
Greenwood J      
MIGRATION – consideration of a notice of appeal which raises two new grounds not previously agitated before the Federal Circuit Court of Australia – leave given to rely upon the new grounds – consideration of whether the appellant has demonstrated jurisdictional error on the part of the Tribunal having regard to the new grounds

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 266

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8 Jun 2018 :   CNH16 v Minister for Immigration and Border Protection [2018] FCA 866
Steward J      

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 262

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8 Jun 2018 :   DDX16 v Minister for Immigration and Border Protection [2018] FCA 838
Derrington J      
MIGRATION - where the appellant sought leave to raise a new ground of appeal, which was opposed by the Respondent - Where the appellant had made claims about the security situation in Lebanon generally - where the AAT's decision referred to a member's own experiences in Lebanon - Where it was claimed that the information about the member's own experience should have been dealt with in accordance with s 424A(1) of the Act - Whether proposed new ground has sufficient merits -…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 250

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7 Jun 2018 :   Verma v Minister for Immigration and Border Protection [2018] FCAFC 87
North, Farrell and Davies JJ      
MIGRATION - Appeal from Federal Circuit Court ("FCCA") dismissing appellant's application for judicial review of a decision of the Tribunal affirming a decision of a delegate of the Minister not to grant the appellant a skilled visa - Appellant claimed to have satisfied the visa criterion of having "competent English" by obtaining sufficient scores in an IELTS test conducted in India by the British Council - British Council later found that an imposter sat the IELTS test on…

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed with costs [2018] HCASL 298

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1 Jun 2018 :   AUV15 v Minister for Immigration and Border Protection [2018] FCA 812
O'Callaghan J      
MIGRATION - appeal from decision of Federal Circuit Court - whether Tribunal failed to consider that appellant had a real chance of persecution as a person opposed to the Karuna Group - where Tribunal dealt with and rejected this submission - whether Tribunal fell into error in considering some but not all country or NGO reports - where Tribunal held to have expressly considered both issues - where Tribunal permitted to decide which country information it considers and its…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 265

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1 Jun 2018 :   CCD15 v Minister for Immigration and Border Protection [2018] FCA 813
O'Callaghan J      
MIGRATION - appeal from Federal Circuit Court - where Tribunal did not contact a witness that appellant claimed corroborated evidence - where Tribunal did not accept appellant's credibility - whether Tribunal's refusal to contact the witness was an unreasonable exercise of discretion - whether the Tribunal's refusal to contact the witness constituted a failure to provide a hearing in the manner required by s 425 of the Migration Act 1958 (Cth) - where contacting the witness…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 246

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1 Jun 2018 :   BLD15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 790
Katzmann J      
MIGRATION -- where appellant did not request an interpreter before Tribunal hearing and no interpreter was provided at hearing -- whether appellant was "not proficient in English" -- whether appellant was able to communicate the substance of his claim -- whether appellant was denied procedural fairness -- whether invitation to appear before Tribunal for hearing was real and meaningful -- whether Tribunal failed to comply with ss 425(1) and 427(7) of the Migration Act 1958…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 286

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31 May 2018 :   AFZ15 v Minister for Immigration and Border Protection [2018] FCA 869
North J      

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 289

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30 May 2018 :   BKB15 v Minister for Immigration and Border Protection [2018] FCA 770
Flick J      
MIGRATION - protection visas - appeal from decision of the Federal Circuit Court to dismiss an application for review of a decision of the Refugee Review Tribunal - whether reasons of the Federal Circuit Court expose appellable error - procedural fairness - whether the Tribunal failed to put the Appellant on notice of its view that photographs might be "photo shopped" - where appellant aware that genuineness of photographs in issue - whether any practical injustice PRACTICE…

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 314

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30 May 2018 :   SZUYU v Minister for Immigration and Border Protection [2018] FCA 786
Wigney J      
MIGRATION - application for Protection (Class XA) visa - where appellant required interpreter at Tribunal hearing - whether appellant denied "real and meaningful" hearing due to inadequate translation - whether appellant denied opportunity to present evidence and arguments relating to issues arising on the review - whether errors in translation "material" - whether Tribunal failed to comply with ss 425(1) and 427(7) of the Migration Act 1958 (Cth) - whether primary judge…

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 320

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29 May 2018 :   Singh v Minister for Immigration and Border Protection [2018] FCA 728
Moshinsky J      

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 260

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29 May 2018 :   CBN17 v Minister for Immigration and Border Protection [2018] FCA 788
Murphy J      
MIGRATION - appeal from decision of Federal Circuit Court - whether Immigration Assessment Authority's decision affected by jurisdictional error - whether failure to consider whether appellant faced a real risk of significant harm in accordance with ss 36(a)(aa) and (2A) of the Migration Act 1958 (Cth) - whether failure to consider claims cumulatively - appeal dismissed

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 248

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25 May 2018 :   AYD16 v Minister for Immigration and Border Protection [2018] FCA 841
Davies J      
MIGRATION – Appeal from the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to grant the appellant a protection visa; Adverse credibility findings

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 258

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25 May 2018 :   Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80
Flick, Griffiths and Perry JJ      
MIGRATION - protection visas - fast track reviewable decisions - where Immigration Assessment Authority made initial decision to affirm the decision of a delegate not to grant a protection visa - where Authority had not considered a submission that had been made when making the initial decision - where submissions contained both "submissions" and "new information" - where Authority decided to re-open the first decision and consider the submission - where Authority made…

Status of Appeal to High Court - Dec 2018: HCA special leave application refused with costs

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25 May 2018 :   Pintarich v Deputy Commissioner of Taxation [2018] FCAFC 79
Kerr, Moshinsky and Derrington JJ      
TAXATION - General Interest Charge (GIC) - remission of GIC - where taxpayer applied for a full remission of GIC - where taxpayer also applied for a payment arrangement - where Deputy Commissioner sent letter to taxpayer to the effect that the Deputy Commissioner would accept a lump sum payment of a certain amount on or before a certain date - whether, by issuing the letter, the Deputy Commissioner made a decision to remit GIC - whether the primary judge erred in concluding…

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed with costs [2018] HCASL 322

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24 May 2018 :   SZLZS v Minister for Immigration and Border Protection [2018] FCA 748
Reeves J      
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where the appellant had previously been refused a protection visa - where his subsequent protection visa application was deemed invalid under s 48A of the Migration Act 1958 (Cth) - where he claimed that s 48A did not apply to him because the Form 866 he used to make the first protection visa application was in a different form to that originally prescribed by the Migration Regulations 1994 (Cth)…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 270

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24 May 2018 :   CPI16 v Minister for Immigration and Border Protection [2018] FCA 747
Reeves J      
MIGRATION - application for review of a decision of the Federal Circuit Court to uphold the Refugee Review Tribunal's decision not to grant the appellant a protection visa .Held: appeal dismissed

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 251

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24 May 2018 :   Mohammed v Minister for Immigration and Border Protection [2018] FCA 767
Middleton J      

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 255

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23 May 2018 :   CCG17 v Minister for Immigration and Border Protection [2018] FCA 775
Davies J      
MIGRATION – Appeal from the Federal Circuit Court dismissing the appellant’s application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to grant the appellant a protection visa; whether jurisdictional error; leave to add further grounds of appeal not raised before the Federal Circuit Court

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 318

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23 May 2018 :   DKK16 v Minister for Immigration and Border Protection [2018] FCA 823
Banks-smith J      
MIGRATION – Appeal from decision of the Federal Circuit Court – non-attendance by appellant – informal requests for adjournment – application by first respondent for summary dismissal

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 252

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23 May 2018 :   BFG15 v Minister for Immigration and Border Protection [2018] FCA 733
Barker J      
MIGRATION - application for (class XA) protection visa - appeal from Federal Circuit Court of Australia - whether the judge committed jurisdictional error - whether the Tribunal took into account an irrelevant consideration - where the appellant did not file submissions - where the Minister contends there is "no case to meet" - where the judge took account of all matters with a bearing on the appellant's complementary protection claims - appeal dismissed

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 268

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23 May 2018 :   AVR15 v Minister for Immigration and Border Protection [2018] FCA 737
Barker J      
MIGRATION - application for (class XA) protection visa - appeal from Federal Circuit Court of Australia - whether the judge committed jurisdictional error - whether the Tribunal erred in finding the appellant was not owed protection obligations - where ground not raised before Circuit Court - where appellant misunderstood the Court's role on appeal - where Tribunal properly understood its obligations to comply with Ministerial Direction 56 and section 499 of the Migration…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 256

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23 May 2018 :   BVF16 v Minister for Immigration and Border Protection [2018] FCA 736
Greenwood J      
MIGRATION - consideration of an appeal from orders of the Federal Circuit Court of Australia in which the only ground of appeal relied upon by the appellant is that the primary judge "committed legal errors when dismissing proceedings [and] the Judge failed to consider all of the grounds raised in a proper and reasonable manner"

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 269

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21 May 2018 :   BKB17 v Minister for Immigration and Border Protection [2018] FCA 756
Gleeson J      
MIGRATION - whether Federal Circuit Court of Australia judge erred in dismissing application for review of decision of Immigration Assessment Authority ("IAA") to affirm denial of visa - whether IAA's decision not to request further information from appellant a legally unreasonable exercise of its discretion under s 473DC of the Migration Act 1958 (Cth) - appeal dismissed

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 272

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21 May 2018 :   CRW16 v Minister for Immigration and Border Protection [2018] FCA 710
Flick J      
MIGRATION - fast track reviewable decision - review by Immigration Assessment Authority - where Applicant made a request for information under Freedom of Information Act 1982 (Cth) - where request for information made after the application referred to the Authority for review - where Authority proceeded to make its decision on the review before the request for information was finalised ADMINISTRATIVE LAW - exclusion of the common law rules of natural justice - statutory…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 257

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18 May 2018 :   AIC15 v Minister for Immigration and Border Protection [2018] FCA 774
Bromberg J      
MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia (“FCC”) – whether FCC erred in failing to find jurisdictional error in the decision of the Refugee Review Tribunal (“Tribunal”) – whether the decision of the Tribunal was neither logical nor rational – appeal dismissed

Status of Appeal to High Court - Feb 2019: HCA special leave application dismissed [2019] HCASL 13

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18 May 2018 :   BJH17 v Minister for Immigration and Border Protection [2018] FCA 891
Logan J      
MIGRATION - appeal from decision of the Federal Circuit Court - whether there was jurisdictional error - new grounds of appeal raised in written submissions - interest of justice allows for amended grounds of appeal - s 473DD Migration Act 1958 (Cth) - whether an exceptional circumstance. Held - appeal dismissed.

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed with costs [2018] HCASL 281

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17 May 2018 :   BSE15 v Minister for Immigration and Border Protection [2018] FCA 689
McKerracher J      
MIGRATION - protection (class XA) visa - where a delegate of the Minister refused to grant a visa - where the Refugee Review Tribunal affirmed the delegate's decision - application for judicial review to the Federal Circuit Court dismissed - unparticularised and novel grounds of appeal - impermissible merits review sought - leave to advance new ground of review refused Held: appeal dismissed

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 287

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17 May 2018 :   AYV16 v Minister for Immigration and Border Protection [2018] FCA 696
Collier J      
MIGRATION - appeal from a dismissal of a judicial review application by the Federal Circuit Court of Australia of a decision refusing to grant a protection visa under the Migration Act 1958 (Cth) - leave to rely on grounds of appeal not in issue before the primary Judge

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 264

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17 May 2018 :   BFB17 v Minister for Immigration and Border Protection [2018] FCA 724
Steward J      

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 271

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17 May 2018 :   Tejada v Minister for Immigration and Border Protection [2018] FCA 693
Collier J      
MIGRATION - appeal from a dismissal of a judicial review application by the Federal Circuit Court of Australia of a decision refusing to grant a protection visa under the Migration Act 1958 (Cth) - relevance of data breach to partner visa application

Status of Appeal to High Court - Aug 2018: HCA special leave application dismissed [2018] HCASL 198

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16 May 2018 :   BFF17 v Minister for Immigration and Border Protection [2018] FCA 830
Logan J      
MIGRATION - appeal against Federal Circuit Court - whether primary judge erred - whether the Immigration Assessment Authority engaged in speculation - reasonable and rational basis for predictive tasks. Held - appeal dismissed with costs.

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 247

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16 May 2018 :   BJN15 v Minister for Immigration and Border Protection [2018] FCA 679
McKerracher J      
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where the primary judge dismissed the appellant's application for judicial review of a decision of the Refugee Review Tribunal - where the Tribunal affirmed the decision under review denying the appellant's application for a protection visa - where the appellant sought the grant of a Protection (class XA) visa Held: appeal dismissed

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 243

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15 May 2018 :   BKX15 v Minister for Immigration and Border Protection [2018] FCA 967
Logan J      
MIGRATION - appeal from Federal Circuit Court -alleged failure to consider a component integer of protection visa application. Held - no error - ground of appeal wanting for particularity - appeal dismissed.

Status of Appeal to High Court - Oct 2018: HCA special leave application dismissed [2018] HCASL 293

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14 May 2018 :   Khan v Minister for Immigration and Border Protection [2018] FCAFC 85
Tracey, Charlesworth and Derrington JJ      
MIGRATION - appeal from a judgment of the Federal Circuit Court which dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant the appellant a Skilled (Provisional) Temporary Graduate (Class VC, Subclass 485) visa on the basis that he had not satisfied cl 485.223 of Sch 2 of the Migration Regulations 1994 …

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed with costs [2018] HCASL 278

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11 May 2018 :   Khan v Minister for Immigration and Border Protection [2018] FCA 627
Griffiths J      
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - where the appellants applied to the Administrative Appeals Tribunal (AAT) to review four decisions of a delegate of the Minister of Immigration and Border Protection refusing the appellants medical visas - where the AAT determined it lacked jurisdiction because the review application was filed after the deadline had expired - where the deadline for the appellants to lodge their review application…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 267

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11 May 2018 :   CJT15 v Minister for Immigration and Border Protection [2018] FCA 618
Burley J      
MIGRATION - refusal of a protection visa application pursuant to s 36 of the Migration Act 1958 (Cth) and cl 866.221 of Schedule 2 of the Migration Regulations 1994 (Cth) -- whether the primary judge erred in refusing to grant an adjournment of the hearing -- whether the Tribunal erred in failing to consider whether the appellant may suffer persecution, serious harm or significant harm in detention by reason of general, random or ubiquitous violence by the authorities --…

Status of Appeal to High Court - Sep 2018: HCA special leave application dismissed [2018] HCASL 245

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10 May 2018 :   CQH16 v Minister for Immigration and Border Protection [2018] FCA 672
White J      
MIGRATION - appeal from decision from the Federal Circuit Court - application by the Appellant for adjournment of hearing - application by First Respondent for summary dismissal of appeal - appeal dismissed.

Status of Appeal to High Court - Aug 2018: HCA special leave application dismissed [2018] HCASL 221

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