Special Leave Applications to the High Court - 2019 Judgments
19 Dec 2019
: SZULE v Minister for Immigration and Border Protection [2019] FCA 2136
Flick J
MIGRATION - adverse findings as to credit - adverse findings explained and founded upon inconsistencies in evidence PRACTICE AND PROCEDURE - need for judicial consideration of even poorly expressed arguments - undesirability of making unfounded conclusions without consideration of the claims sought to be made
Status of Appeal to High Court -
8 October 2020: HCA - Special leave application dismissed [2020] HCASL198
19 Dec 2019
: McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238
Allsop CJ, McKerracher and Mortimer JJ
(
374 ALR 329
)
ADMINISTRATIVE LAW - judicial review of a decision of the Registrar to the National Native Title Tribunal - application to review the decision to register six indigenous land use agreements (ILUAs) - whether the Registrar erred in concluding that all the people identified as holding native title rights in respect of the settlement area had authorised the making of the ILUAs NATIVE TITLE - s 203BE of the Native Title Act 1993 (Cth) (NTA) - certification of applications for…
Status of Appeal to High Court -
26 November 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 202
18 Dec 2019
: James Legal Pty Ltd v Milanos as trustee for the property of Alfred Michael Vincent Attard [2019] FCA 2130
Bromwich J
BANKRUPTCY AND INSOLVENCY - appeal from a decision of the Federal Circuit Court of Australia dismissing an application by a creditor to set aside a personal insolvency agreement - whether the trial judge erred in dismissing application - held: appeal allowed
Status of Appeal to High Court -
12 June 2020: HCA - Special leave application dismissed with costs [2020] HCASL141
16 Dec 2019
: Commissioner of Taxation v Scone Race Club Limited [2019] FCAFC 225
Griffiths, Derrington and Steward JJ
(
374 ALR 189
)
SUPERANNUATION - whether respondent race club was liable to pay a superannuation guarantee charge in respect of riding fees paid to jockeys during the relevant period - whether jockeys engaged to ride in races or barrier trials were employees of the respondent race club within the extended definition in s 12(8)(a) of the Superannuation Guarantee (Administration) Act 1992 (Cth) - whether the primary judge erred in holding that the respondent race club discharged its burden to …
Status of Appeal to High Court -
3 July 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 95
16 Dec 2019
: Commissioner of Taxation v Racing Queensland Board [2019] FCAFC 224
Griffiths, Derrington and Steward JJ
(
374 ALR 241
)
SUPERANNUATION - whether principal racing authority liable to pay superannuation guarantee charges - construction of s 12 of Superannuation Guarantee (Administration) Act 1992 (Cth) - whether principal racing authority is "employer" of jockeys - whether principal racing authority liable to pay riding fees to jockeys - where principal racing authority stated that it would pay jockeys - where principal racing authority in fact paid jockeys - where principal racing authority…
Status of Appeal to High Court -
3 July 2020: HCA - Special leave application dismissed with costs [2020] Trans 94
16 Dec 2019
: EFX17 v Minister for Immigration and Border Protection [2019] FCAFC 230
Greenwood, Rares and Logan JJ
(
374 ALR 272 ; 167 ALD 225 ; 273 FCR 508
)
MIGRATION - consideration of the scope of the conferral of jurisdiction upon the Federal Circuit Court of Australia by s 476 of the Migration Act 1958 (Cth) (the "Act") - consideration of whether the contended failure on the part of the Minister's delegate to discharge the obligations arising under s 501CA(3)(a) and (b) engages matters in relation to a decision under s 501(3A) notwithstanding no jurisdictional error challenge to the principal cancellation decision under s…
Status of Appeal to High Court -
23 July 2020: HCA - Special leave application granted on limited grounds [2020] Trans 93
11 Dec 2019
: CEF15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2078
Perram J
MIGRATION - appeal from Federal Circuit Court - whether Court erred in dismissing application for judicial review of decision of Administrative Appeals Tribunal to refuse to issue Appellants protection visas - where First Appellant claimed fear of harm in Albania due to blood feud - whether Tribunal erred in withholding portions of anonymous complaint received by First Respondent and subject to certificate issued under Migration Act 1958 (Cth) s 438 - whether complaint…
Status of Appeal to High Court -
5 June 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 76
10 Dec 2019
: Minister for Home Affairs v DUA16 [2019] FCAFC 221
Griffiths, Mortimer and Wheelahan JJ
(
273 FCR 213
)
MIGRATION - appeal from the Federal Circuit Court - whether the primary judge erred in concluding that decisions of the Immigration Assessment Authority were vitiated due to fraudulent conduct of respondents' representative - primary judge's characterisation of the representative's conduct as 'reckless indifference' an implicit finding of fraud - respondents' representative's fraudulent conduct stultified the IAA's function and vitiated the decisions - IAA was misled as to…
Status of Appeal to High Court -
29 May 2020: HCA - Special leave applications granted [2020] HCATrans 64
4 Dec 2019
: MZAPC v Minister for Immigration and Border Protection [2019] FCA 2024
Mortimer J
MIGRATION - appeal - notification issued in respect of appellant under s 438 of the Migration Act 1958 (Cth) - a denial of procedural fairness conceded by first respondent - whether Tribunal in fact took s 438 notification information into account in conducting review - whether denial of opportunity to appellant to make submissions about s 438 notification information could realistically have led to a different outcome on the review - consideration of approach to materiality …
Status of Appeal to High Court -
14 August 2020: HCA - Special Leave application granted [2020] HCATrans 113
3 Dec 2019
: COK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2142
White J
MIGRATION - appeal from a decision of the Federal Circuit Court (FCC) dismissing an application for judicial review of the decision of the Immigration Assessment Authority (IAA) to affirm the refusal of a Safe Haven Enterprise Visa - whether the decision of the IAA was unreasonable, unintelligible or irrational - whether the FCC should have found that the IAA failed to deal with all claims, causing jurisdictional error - appeal dismissed.
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 69
2 Dec 2019
: Hassan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2014
Gleeson J
MIGRATION - appeal from decision of Federal Circuit Court of Australia - partner visa - whether the Tribunal erred in finding no "compelling reasons" existed for not applying Migration Regulations 1994 (Cth) Sch 3 criterion 3001 - no appellable or jurisdictional error identified - leave to amend notice of appeal refused - appeal dismissed
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 67
29 Nov 2019
: CRS18 v Minister for Home Affairs [2019] FCA 2019
Reeves J
MIGRATION - appeal from a judgment of the Federal Circuit Court - where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority (the Authority) affirming a decision of a delegate of the Minister for Home Affairs to refuse to grant the appellant a Safe Haven Enterprise (subclass 790) visa - whether the primary judge erred in failing to find that the Secretary's breach of s 473CB of the Migration Act 1958 (Cth) (the…
Status of Appeal to High Court -
17 April 2020: HCA – Special leave application dismissed [2020] HCASL 104
25 Nov 2019
: Wyzenbeek v Australasian Marine Imports Pty Ltd (in Liq) (No 2) [2019] FCAFC 205
Rares, Burley and Anastassiou JJ
COSTS AND PREJUDGMENT INTEREST
Status of Appeal to High Court -
17 April 2020: HCA - Special Leave application dismissed with costs [2020] HCATrans 54
25 Nov 2019
: AAM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1951
Mortimer J
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Refugee Review Tribunal - where Tribunal had affirmed decision of delegate of the first respondent not to grant appellant a protection visa - where Federal Circuit Court delivered oral and contemporaneous reasons - where written reasons not published until after expiry of appeal period - whether process adopted by Federal Circuit Court denied appellant…
Status of Appeal to High Court -
29 May 2020: HCA - Special leave application granted [2020] HCATrans 66
25 Nov 2019
: DHQ17 v Minister for Immigration and Border Protection [2019] FCA 1975
Markovic J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing application for judicial review of Immigration Assessment Authority's decision - where Minister had refused to grant a Safe Haven Enterprise visa - where appellant had held a political opinion and participated in an election campaign in Sri Lanka and suffered harm as a result - whether a claim that he wished to participate in future elections or would refrain from doing so clearly emerged…
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 64
25 Nov 2019
: Barua v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1946
Collier J
MIGRATION - principles relating to circumstances where the Court considers an application for leave to raise issues in appeal which were not before the primary Judge - where the appellants were legally represented before the primary Judge - where appellants opted not to press grounds of review referable to particular issues - whether decision was a strategic legal decision made for a proper forensic purpose - whether the Authority erred in not allowing an adjournment
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 68
25 Nov 2019
: EER17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1949
Collier J
PRACTICE AND PROCEDURE - Application for adjournment and leave to issue subpoena - relevant principles - whether documents sought have relevance to the pleadings as they stand - whether subpoena is a "fishing exercise" MIGRATION - appeal from the Federal Circuit Court - whether the primary Judge erred in not admitting transcripts of evidence before the Administrative Appeals Tribunal - whether first respondent contributed to alleged error - whether primary Judge erred by…
Status of Appeal to High Court -
22 April 2020: HCA - Special Leave application dismissed [2020] HCASL 106
22 Nov 2019
: AAY17 v Minister for Immigration and Border Protection [2019] FCA 2017
Reeves J
MIGRATION
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 58
21 Nov 2019
: Sanjel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1966
Thawley J
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 66
21 Nov 2019
: ABX17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 1941
Abraham J
MIGRATION - appeal from Federal Circuit Court dismissing application for judicial review of the decision of the Immigration Assessment Authority - where leave sought to rely upon new proposed ground of appeal not raised in Federal Circuit Court - held: leave to rely on new ground refused - appeal dismissed
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 74
21 Nov 2019
: DKF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1963
Thawley J
MIGRATION - appeal from decision of Federal Circuit Court of Australia - judicial review of decision of Immigration Assessment Authority - where the appellant provided new information - application of s 473DD of the Migration Act 1958 (Cth) - whether "exceptional circumstances" under s 473DD(a) of the Migration Act 1958 (Cth) - whether the Authority was required to have regard to the matters contained in s 473DD(b)(i) or (b)(ii) when deciding whether "exceptional…
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 79
20 Nov 2019
: DZZ18 v Minister for Home Affairs [2019] FCA 2016
Reeves J
MIGRATION
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 59
20 Nov 2019
: CPV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1957
Thawley J
Status of Appeal to High Court -
11 March 2020: HCA - Special leave application dismissed [2020] HCASL 49
19 Nov 2019
: ASO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1909
Snaden J
MIGRATION - protection visa - appeal from the Federal Circuit Court of Australia (the "FCCA") - application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") - whether the IAA decision was affected by jurisdictional error - whether the IAA reached a conclusion unsupported by evidence - whether the IAA decision has "become" unreasonable - whether the IAA failed to address a material contention -whether leave should be granted to advance on…
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 65
18 Nov 2019
: CJS17 v Minister for Immigration and Border Protection [2019] FCA 1870
Snaden J
MIGRATION - protection visa - appeal from the Federal Circuit Court of Australia (the "FCCA") - application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") - whether the IAA decision was affected by jurisdictional error - whether the IAA decision has "become" unreasonable - whether the IAA reached a conclusion unsupported by evidence - whether leave should be granted to advance on appeal a ground not advanced below - additional ground…
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 78
13 Nov 2019
: Manage v Minister for Immigration and Border Protection [2019] FCA 1891
Moshinsky J
Status of Appeal to High Court -
11 March 2020: HCA - Special leave application dismissed [2020] HCASL 53
11 Nov 2019
: CLN15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1854
Stewart J
MIGRATION - appeal from a decision of the Federal Circuit Court dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming the delegate's decision to refuse the appellants' application for protection visas - no error by the primary judge - appeal dismissed
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 75
11 Nov 2019
: Gomez v Carrafa (Trustee) (No 3) [2019] FCA 1793
Anastassiou J
BANKRUPTCY AND INSOLVENCY - appeal against order of Federal Circuit Court to dispose of assets - appeal dismissed
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 72
11 Nov 2019
: BGX16 v Minister for Home Affairs [2019] FCA 1896
Kerr J
MIGRATION - Protection (Class XA) (Subclass 866) Visa - appeal from Federal Circuit Court of Australia - leave to rely on ground not raised before primary judge - alleged failure to consider health claims - application of principles in AJI16 v Minister for Immigration and Border Protection [2019] FCA 1769 - no indication that lower standard of healthcare intended to cause harm to the Appellant or persons with the characteristics of the Appellant - leave refused - appeal…
Status of Appeal to High Court -
11 March 2020: HCA - Special leave application dismissed [2020] HCASL 48
8 Nov 2019
: Frugtniet v Tax Practitioners Board [2019] FCAFC 193
Perry, Moshinsky and Lee JJ
ADMINISTRATIVE LAW - Appeal from Federal Court decision dismissing appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) against Administrative Appeals Tribunal (AAT) decision - where no further hearing held after reconstituting the AAT - where AAT affirmed Tax Practitioners Board decision terminating the appellant's registration as a tax agent under ss 40-5(1)(b), Tax Agent Services Act 2009 (Cth), on the ground it was not satisfied he was a fit and proper …
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 73
7 Nov 2019
: CLM18 v Minister for Home Affairs (No 2) [2019] FCAFC 194
Perram, Robertson and Abraham JJ
MIGRATION - appropriate orders to give effect to earlier reasons of the Full Court
Status of Appeal to High Court -
17 April 2020: HCA - Special Leave application dismissed with costs [2020] HCATrans 53
7 Nov 2019
: CMF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1860
Bromwich J
MIGRATION - appeal from orders of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where refusal to grant protection visa affirmed by Tribunal - no error by primary judge established - appeal dismissed
Status of Appeal to High Court -
11 March 2020: HCA - Special leave application dismissed [2020] HCASL 47
7 Nov 2019
: BAQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1847
Bromwich J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where no error identified by the appellant - held: appeal dismissed with costs
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 63
7 Nov 2019
: ATT17 v Minister for Immigration and Border Protection [2019] FCA 1821
Jackson J
MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - refusal to grant protection visa - family unit - certificate and notification under s 438 of Migration Act 1958 (Cth) - no jurisdictional errors by Tribunal - appeal dismissed
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 76
28 Oct 2019
: Australian Securities and Investment Commission v Westpac Securities Administration Limited [2019] FCAFC 187
Allsop CJ, Jagot and O'Bryan JJ
(
373 ALR 455 ; 141 ACSR 1 ; 272 FCR 170
)
CORPORATIONS - where Westpac conducted campaign to encourage customers to roll over funds held in external superannuation accounts into their existing Westpac accounts - whether Westpac's campaign involved the provision of a "recommendation" or "statement of opinion" amounting to "financial product advice" - whether Westpac's campaign involved the provision of "personal advice" or "general advice" within the meaning of s 766B of the Corporations Act 2001 (Cth) (the Act) -…
Status of Appeal to High Court -
24 April 2020: HCA - Special leave application granted [2020] HCATrans 57
24 Oct 2019
: Mullen v Aged Care Quality and Safety Commissioner [2019] FCA 1726
Banks-smith J
(
169 ALD 49
)
ADMINISTRATIVE LAW - freedom of information - where applications made for access to information under Freedom of Information Act 1982 (Cth) - secrecy provisions under Part 6.2 of Aged Care Act 1997 (Cth) - exempt documents - whether information protected information - whether information protected on basis it related to affairs of an approved provider - whether potential for disclosure upon application under Aged Care Act and in discretion of Secretary of Department of…
Status of Appeal to High Court -
10 September 2020: HCA - Special leave application dismissed [2020] HCASL 194
24 Oct 2019
: FYBR v Minister for Home Affairs [2019] FCAFC 185
Flick, Charlesworth and Stewart JJ
(
374 ALR 601 ; 272 FCR 454
)
MIGRATION - Direction No 65 - the expectations of the Australian community - a primary consideration - correct interpretation of cl 11.3(1) - whether cl 11.3(1) a deeming provision - appeal dismissed
Status of Appeal to High Court -
24 April 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 56
18 Oct 2019
: Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People [2019] FCAFC 177
Jagot, Robertson, Griffiths, Mortimer and White JJ
(
374 ALR 448 ; 273 FCR 350
)
NATIVE TITLE - abuse of process - potential inconsistency between determinations of native title - where primary judge recognised exclusive native title rights and interests held by claim group over area comprising part of Yindjibarndi country - where earlier determination in Moses v Western Australia [2007] FCAFC 78; (2007) 160 FCR 148 recognised only non-exclusive native title rights and interests over another part of Yindjibarndi country - s 13 of the Native Title Act…
Status of Appeal to High Court -
29 May 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 65
17 Oct 2019
: BLX16 v Minister for Immigration and Border Protection [2019] FCAFC 176
Moshinsky, Steward and Wheelahan JJ
MIGRATION - appeal from Federal Circuit Court of Australia - protection claim - International Treaties Obligations Assessment - where appellant sought to rely on two new grounds that were not relied upon in the Federal Circuit Court - whether leave should be granted to the appellant to rely on the new grounds - whether the assessor denied the appellant procedural fairness by failing to deal with a claim - whether the assessor denied the appellant procedural fairness by…
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 4
16 Oct 2019
: Minister for Immigration and Border Protection v AUS17 [2019] FCA 1686
Logan J
(
167 ALD 313
)
MIGRATION - appeal from the Federal Circuit Court - where the respondent was a "fast track applicant" before the Immigration Assessment Authority - where the respondent produced new information - exception to the prohibition on considering new information - application of s 473DD of the Migration Act 1958 (Cth) - exceptional circumstances - whether the Authority was required to have regard to the matters contained in s 473DD(b)(ii) in assessing whether exceptional…
Status of Appeal to High Court -
24 April 2020: HCA - Special Leave granted on limited ground [2020] HCATrans 55
8 Oct 2019
: CLM18 v Minister for Home Affairs [2019] FCAFC 170
Perram, Robertson and Abraham JJ
(
373 ALR 147 ; 272 FCR 639
)
MIGRATION - whether the Minister's exercise of his power under s 46A(2C) of the Migration Act 1958 (Cth) to revoke his determination to allow certain persons (including the appellant) to lodge an application for a Temporary Protection visa or Safe Haven Enterprise visa under s 46A(1) was subject to a requirement of procedural fairness, and if so, whether the appellant was afforded procedural fairness MIGRATION - whether the Minister 'noting' and commenting on a Departmental…
Status of Appeal to High Court -
17 April 2020: HCA - Special Leave application dismissed with costs [2020] HCATrans 53
1 Oct 2019
: EDS16 v Minister for Immigration and Border Protection [2019] FCA 1618
Charlesworth J
APPEAL AND NEW TRIAL - leave required to raise new argument on appeal - where appellant was legally represented in proceedings at first instance - where representative's submissions betrayed ignorance of the law - where appellant a non-English speaking visa applicant wholly reliant on his lawyer - leave to raise new argument granted MIGRATION - where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority - Authority…
Status of Appeal to High Court -
12 June 2020: HCA - Special leave application dismissed with costs [2020] HCASL 138
1 Oct 2019
: ELR18 v Minister for Home Affairs [2019] FCA 1583
Snaden J
MIGRATION - protection visa - appeal from a decision of the Federal Circuit Court of Australia ("FCCA") - judgment of the FCCA delivered ex tempore - ex tempore reasons were not interpreted - written reasons of FCCA not published until after expiration of appeal period to this court - application for judicial review of a decision of the Administrative Appeals Tribunal - decision by the first respondent refusing applications for protection visas - whether the Tribunal…
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 39
27 Sep 2019
: DDG17 v Minister for Home Affairs [2019] FCA 1608
Abraham J
MIGRATION - appeal from Federal Circuit Court dismissing application for judicial review of the decision of the Immigration Assessment Authority - where leave sought to raise grounds not relied upon in the Court below - where appellant claims that the Immigration Assessment Authority failed to address whether it should consider new information - where Immigration Assessment Authority failed to consider certain documents - where failure to do so could not have affected the…
Status of Appeal to High Court -
12 June 2020: HCA - Special leave application dismissed [2020] HCATrans 82
27 Sep 2019
: CVO17 v Minister for Immigration and Border Protection [2019] FCA 1612
Lee J
MIGRATION - application for judicial review - Federal Circuit Court affirmed Tribunal's decision not to grant a protection visa - whether appellant is a vulnerable person - whether Tribunal fell into jurisdictional error by failing to allow support person to attend hearing - where Tribunal rejected the underlying basis of the claim - no jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 387
26 Sep 2019
: DOY17 v Minister for Immigration and Border Protection [2019] FCA 1592
Steward J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - where student visa was cancelled - whether the Administrative Appeals Tribunal failed to take into account relevant considerations - whether the Tribunal took into account irrelevant considerations - whether the Tribunal misconstrued or misapplied s 116(1)(e) of the Migration Act 1958 (Cth) - where bridging visa E was refused - whether the Tribunal did not afford the appellant procedural fairness…
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 34
25 Sep 2019
: DUZ17 v Minister for Home Affairs [2019] FCA 1593
Beach J
MIGRATION - whether decision of the Immigration Assessment Authority affected by jurisdictional error - failure to exercise power under ss 473DC(1) and (3) of the Migration Act 1958 (Cth) to obtain new information - whether failure unreasonable - materiality of failure even if unreasonable - error of law - failure to apply "real chance" test - appeal dismissed
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 23
23 Sep 2019
: AUN17 v Minister for Home Affairs [2019] FCA 1576
Beach J
MIGRATION - relevance of Tribunal delay in delivering decision - whether delay unreasonable - failure to accord procedural fairness - no jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 3
18 Sep 2019
: FET18 v Minister for Home Affairs (No 2) [2019] FCA 1524
Colvin J
MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for review of decision of the Immigration Assessment Authority affirming delegate's decision not to grant the appellant a safe haven enterprise visa - where appellant requested that the Authority consider new information in the form of a letter and a report - consideration of s 473DC and s 473DD of the Migration Act 1958 (Cth) - where Authority was not satisfied there were exceptional…
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 33
13 Sep 2019
: AIU16 v Minister for Immigration and Border Protection [2019] FCA 1493
Anastassiou J
MIGRATION - appeal from a decision of the Federal Circuit Court - application for a protection visa - refusal of protection visa - adverse credit findings - whether the Tribunal failed to comply with ss 424AA, 424A and/or 425 of the Migration Act 1958 (Cth) - no jurisdictional error in Tribunal finding - no appellable error in decision of primary Judge
Status of Appeal to High Court -
20 March 2020: HCA - Special leave application dismissed with costs [2020] HCATrans 40
13 Sep 2019
: DDM17 v Minister for Home Affairs [2019] FCA 1510
Reeves J
MIGRATION - appeal from a judgment of the Federal Circuit Court - where the primary judge dismissed an application for judicial review of a decision of a delegate of the Minister not to grant the appellant a Safe Haven Enterprise (Subclass 790) visa - whether the Federal Circuit Court erred in failing to provide adequate reasons for its decision and to consider fundamental aspects of the appellant's claims - whether the Federal Circuit Court erred in failing to find the…
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 5
13 Sep 2019
: Globaltech Corporation Pty Ltd v Australian Mud Company Pty Ltd [2019] FCAFC 162
Kenny, Robertson and Moshinsky JJ
(
145 IPR 39
)
PATENTS - construction - where claims in suit comprised method claims and system claims for core sample orientation - where the method in claim 1 involved two timers, one in the downhole device and one on the surface - whether the primary judge erred in his construction of the patent - whether, on the true construction of claim 1, it required both the downhole timer and the surface timer to count with reference to the same initial reference time - whether the word "beyond"…
Status of Appeal to High Court -
20 March 2020:HCA - Special leave application refused with costs [2020] HCATrans 45
10 Sep 2019
: ELA18 v Minister for Home Affairs [2019] FCA 1482
Abraham J
MIGRATION - appeal from Federal Circuit Court dismissing application for judicial review of the decision of the Immigration Assessment Authority - where leave sought to amend notice of appeal to include additional grounds of appeal - leave to rely on new grounds refused - appeal dismissed
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed with costs [2020] HCASL 18
9 Sep 2019
: BBN16 v Minister for Immigration and Border Protection [2019] FCA 1478
Stewart J
MIGRATION - appeal from a decision of the Federal Circuit Court - where primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where second respondent affirmed a decision of the Minister to refuse the grant of a protection visa to the appellant - whether primary judge committed jurisdictional error - leave not granted to the appellant to raise a new ground of appeal - no jurisdictional error by Tribunal - no error by …
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 401
9 Sep 2019
: GGD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1463
Thawley J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - leave to raise grounds of judicial review not raised in Federal Circuit Court Australia - application to introduce fresh evidence on appeal - whether failure to consider important evidence - whether failure to perform review contemplated by statute - no jurisdictional error identified - appeal dismissed
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 83
9 Sep 2019
: DVO16 v Minister for Immigration & Border Protection [2019] FCAFC 157
Greenwood, Flick and Stewart JJ
(
271 FCR 342
)
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - whether primary judge erred in finding that a decision of the Immigration Assessment Authority (Authority) was not affected by jurisdictional error - where the Authority did not consider exercising its power under s 473DC of the Migration Act 1958 (Cth) to hear further from the appellant in relation to ethnic persecution claims - where there were difficulties in interpretation - whether the…
Status of Appeal to High Court -
17 April 2020: HCA - Special Leave application granted - [2020] HCATrans 51
6 Sep 2019
: DTA16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1448
Anderson J
MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of decision of Immigration Assessment Authority (Authority) not to grant protection visa - whether Authority failed to consider the effect on the risk of harm to the appellant of future checks upon return to Sri Lanka in circumstances where the appellant had now undertaken further overseas travel - whether Authority failed to consider the risk of harm to the…
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 1
6 Sep 2019
: CTG18 v Minister for Home Affairs [2019] FCA 1470
Abraham J
MIGRATION - where Immigration Assessment Authority affirms decision of the delegate to refuse Safe Haven Enterprise Visas to the appellants - where Federal Circuit Court dismisses application for judicial review - where appellants raise new claims before the Authority - whether decision of the Authority legally unreasonable - whether Authority should have exercised its discretion under s 473DC of the Migration Act 1958 (Cth) to invite the first appellant to an interview -…
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 374
5 Sep 2019
: FGI17 v Minister for Home Affairs [2019] FCA 1435
Jagot J
MIGRATION - amended application to set aside a decision of the Immigration Assessment Authority - whether the Authority made a jurisdictional error by forming an unreasonable view - appeal dismissed
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 400
3 Sep 2019
: FDN17 v Minister for Immigration & Border Protection [2019] FCA 1395
Jagot J
MIGRATION - appeal - reliance on amended notice of appeal handed up at hearing - leave granted to rely on amended notice of appeal - whether the decision of the Federal Circuit Court of Australia was in error - no error found - appeal dismissed
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 386
30 Aug 2019
: CPI15 v Minister for Immigration and Border Protection [2019] FCA 1422
Beach J
MIGRATION - appeal from Federal Circuit Court - application for protection visa - asserted jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 394
30 Aug 2019
: CWS16 v Minister for Immigration and Border Protection [2019] FCA 1414
Mortimer J
MIGRATION - appeal from decision of Federal Circuit Court - judicial review of decision of Immigration Assessment Authority -discretion under s 473DC of the Migration Act 1958 (Cth) - legal unreasonableness - appeal dismissed PRACTICE AND PROCEDURE - application for leave to amend notice of appeal - where ground not pressed before Federal Circuit Court - where new ground has insufficient merit - leave refused
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 20
30 Aug 2019
: BHM17 v Minister for Immigration and Border Protection [2019] FCA 1396
O'Bryan J
MIGRATION - appeal from Federal Circuit Court of Australia - where Immigration Assessment Authority (IAA) affirmed decision of delegate refusing application for safe haven enterprise visa - whether IAA erred in finding untranslated French document attached to appellant's submission did not meet criteria in section 473DD(b) of the Migration Act 1958 (Cth) - whether any such error by IAA was material to its decision - appeal dismissed
Status of Appeal to High Court -
12 November 2020: HCA - Special leave application dismissed [2020] HCASL 235
30 Aug 2019
: BZV18 v Minister for Home Affairs [2019] FCA 1406
Perry J
MIGRATION - appeal from Federal Circuit Court (FCC) dismissing application for judicial review of a decision by Immigration Assessment Authority (IAA) - where IAA affirmed delegate's decision refusing to grant the appellants a protection visa - whether IAA's reasoning was illogical - where Appellants sought to rely upon a ground of appeal not raised before the FCC on the basis of a recent Full Court decision - consideration of principles for grant of leave to raise a new…
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 367
30 Aug 2019
: Burgess v Assistant Minister for Home Affairs [2019] FCAFC 152
Kerr, White and Charlesworth JJ
(
371 ALR 598 ; 271 FCR 181
)
MIGRATION - visa cancelled under s 501(3) of the Migration Act 1958 (Cth) - rules of natural justice inapplicable - whether Assistant Minister proceeded on an incorrect understanding that he was bound not to accord natural justice - whether Assistant Minister misunderstood the effect of an alternate cancellation power - whether any such error affected the exercise of the power under s 501(3) - whether it was open to the Assistant Minister to be satisfied that cancellation of …
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed with costs [2020] HCASL 9
29 Aug 2019
: CZD18 v Minister for Home Affairs [2019] FCA 1442
Katzmann J
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 393
29 Aug 2019
: BDT18 v Minister for Home Affairs [2019] FCA 1393
Steward J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - whether primary judge erred in dismissing an application for judicial review of a decision of the Immigration Assessment Authority affirming a refusal of a Safe Haven Enterprise Visa application - where appellant sought to rely on an entirely new claim never raised before the Authority or the primary judge - where claim was not apparent on the face of the record - whether leave should be granted…
Status of Appeal to High Court -
10 June 2020: HCA - Special leave applicatin dismissed with costs [2020] HCASL 128
28 Aug 2019
: COE16 v Minister for Immigration and Border Protection [2019] FCA 1370
Griffiths J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority (IAA) - where the appellant contended the IAA erred in its consideration of new information provided by the appellant - where the appellant contended the IAA failed to consider, or consider properly, the appellant's claims - no appealable error - appeal dismissed, with costs
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 373
28 Aug 2019
: SZVZI v Minister for Home Affairs [2019] FCA 1390
Collier J
MIGRATION - protection visa - section 438 certificate
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 399
28 Aug 2019
: BXH16 v Minister for Home Affairs [2019] FCA 1388
Kenny J
MIGRATION - appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - whether primary judge erred in finding no jurisdictional error - whether Tribunal failed to consider claims made by appellant - whether finding of fact made by Tribunal was illogical, irrational or unreasonable - appeal dismissed
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 71
28 Aug 2019
: FRM17 v Minister for Home Affairs [2019] FCAFC 148
Kenny, Robertson and Griffiths JJ
(
271 FCR 254
)
MIGRATION - refugees on Nauru - proceedings in negligence against Commonwealth parties commenced in the Federal Court of Australia by transitory persons - whether those proceedings required by s 494AB of the Migration Act 1958 (Cth) to be commenced in the High Court of Australia - s 494AB(1), so far as relevant, provides that the following proceedings against the Commonwealth may not be instituted or continued in any court except the High Court: (a) proceedings relating to…
Status of Appeal to High Court -
20 March 2020: HCA Special leave application granted [2020] HCATrans 39
27 Aug 2019
: BZP15 v Minister for Immigration and Border Protection [2019] FCA 1351
Stewart J
MIGRATION - appeal from the Federal Circuit Court of Australia's review of a decision by the Administrative Appeals Tribunal to affirm a decision by a delegate of the Minister for Immigration and Border Protection to refuse a protection visa - where grounds of appeal lack particularity - where adverse credibility findings were made in relation to the applicant - where certificate issued purportedly under s 438 of the Migration Act 1958 (Cth) - where Minister accepts the s…
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 384
27 Aug 2019
: EVW18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1363
Jagot J
MIGRATION - appeal against a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority - appeal dismissed
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 385
26 Aug 2019
: ANF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1379
Middleton J
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed with costs [2020] HCASL 15
26 Aug 2019
: BTN16 v Minister for Immigration and Border Protection [2019] FCA 1354
Moshinsky J
MIGRATION - appeal from the Federal Circuit Court of Australia - protection visa - where Minister's delegate gave a certificate purportedly pursuant to s 438 of the Migration Act 1958 (Cth) - where the Minister now concedes that the certificate was invalid - whether denial of procedural fairness to the appellant - where the primary judge concluded that he was not persuaded that the documents covered by the certificate gave rise to even a possibility of a different outcome -…
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 351
26 Aug 2019
: CVB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1392
Middleton J
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 24
22 Aug 2019
: EDU17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1428
White J
MIGRATION - appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of the decision of the Immigration Assessment Authority (the IAA) to affirm the refusal of a Safe Haven Enterprise visa - whether the Appellant was denied procedural fairness by the IAA - whether the IAA failed to address a part of the claim or failed to take relevant information into account - appeal dismissed.
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 396
22 Aug 2019
: Burton v Commissioner of Taxation [2019] FCAFC 141
Logan, Steward and Jackson JJ
(
372 ALR 193 ; 271 FCR 548
)
TAXATION - foreign income tax offset - s 770-10 of the Income Tax Assessment Act 1997 (Cth) - where taxpayer paid tax in the United States on gains made from the sale of certain assets in that country - where gains were also taxable in Australia - where gains were derived on capital account for Australian tax purposes - where 50% capital gains tax discount applied - where Commissioner denied the taxpayer a foreign income tax offset against his tax liability in Australia on…
Status of Appeal to High Court -
Feb 2020: HCA special leave application refused with costs
21 Aug 2019
: FMW17 v Minister for Home Affairs [2019] FCA 1316
Davies J
MIGRATION - appeal from Federal Circuit Court - primary judge dismissed application for judicial review of decision of Immigration Assessment Authority affirming decision not to grant appellants protection visas - appellants claimed persecution and serious risk of harm for political activism and inter-caste marriage - adverse credibility findings - significant inconsistencies in protection claims - s 473DD of Migration Act 1958 (Cth) correctly applied - no jurisdictional…
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 372
21 Aug 2019
: Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138
Bromberg, Rangiah and O'Callaghan JJ
(
289 IR 29 ; 270 FCR 513
)
INDUSTRIAL LAW - s 96(1) of the Fair Work Act 2009 (Cth) - calculation of entitlement to paid personal/carer's leave - meaning of the word "day
Status of Appeal to High Court -
Dec 2019: HCA special leave application granted
19 Aug 2019
: EGA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1298
White J
MIGRATION - application for judicial review of a decision of the Federal Circuit Court (the FCC) dismissing the application for review of the decision of the Immigration Assessment Authority (the IAA) to affirm the refusal of a Protection visa - appellant claims that the IAA's determinations were unreasonable, unintelligible and irrational - appellant claims that the IAA's failure to refer to particular country information meant that the IAA had failed to assess properly the …
Status of Appeal to High Court -
11 March 2020: HCA - Special leave application dismissed [2020] HCASL 42
16 Aug 2019
: Sadyal v Minister for Home Affairs [2019] FCA 1462
Charlesworth J
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 360
16 Aug 2019
: BMG17 v Minister for Immigration and Border Protection [2019] FCA 1281
O'Bryan J
MIGRATION - appeal from Federal Circuit Court of Australia - where Immigration Assessment Authority affirmed decision of delegate refusing application for safe haven enterprise visa - meaning of the word speculation - whether authority failed to consider a claim or integer of a claim - appeal dismissed
Status of Appeal to High Court -
18 March 2020: HCA - Special leave application dismissed [2020] HCASL 70
16 Aug 2019
: Fair Work Ombudsman v Hu [2019] FCAFC 133
Flick, Reeves and Bromberg JJ
(
289 IR 240 ; 266 FCR 83
)
INDUSTRIAL LAW - accessorial liability - knowingly involved in - Second and Third Respondents not knowingly involved in contraventions of s 45 Fair Work Act 2009 (Cth) PRACTICE AND PROCEDURE - appeal in the nature of a re-hearing - departure from findings of fact made by primary Judge
Status of Appeal to High Court -
Feb 2020: HCA special leave application refused
15 Aug 2019
: Aktar v Minister for Immigration and Border Protection [2019] FCA 1288
Nicholas J
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 353
12 Aug 2019
: CHH16 v Minister for Immigration and Border Protection [2019] FCA 1278
Farrell J
MIGRATION - appeal from the Federal Circuit Court of Australia's review of a decision by the Administrative Appeals Tribunal to affirm a decision by a delegate of the Minister for Immigration and Border Protection to refuse a Protection (Class XA) visa - where grounds of appeal lacked particularity - where invalid certificate issued purportedly under s 438 of the Migration Act 1958 (Cth) - where information in the invalid certificate related to biographical data and bore no…
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 383
9 Aug 2019
: DDF16 v Minister for Immigration and Border Protection [2019] FCA 1256
Robertson J
MIGRATION - appeal from Federal Circuit Court of Australia - where appeal raised matters going only to the merits of the Administrative Appeals Tribunal's decision
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 366
7 Aug 2019
: CYM16 v Minister for Immigration and Border Protection [2019] FCA 1230
Thawley J
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 365
7 Aug 2019
: Tran v Minister for Immigration and Border Protection [2019] FCAFC 126
Greenwood, Charlesworth and O'Callaghan JJ
MIGRATION - consideration of whether the Assistant Minister engaged in jurisdictional error in making a non-revocation decision for the purposes of s 501CA(4) of the Migration Act 1958 (Cth)
Status of Appeal to High Court -
20 March 2020: HCA - Special leave application granted limited to Ground 2 [2020] HCATrans 44
6 Aug 2019
: GGV18 v Minister for Home Affairs [2019] FCA 1221
Robertson J
MIGRATION - appeal from Federal Circuit Court of Australia - judicial review by that court of decision of the Administrative Appeals Tribunal - whether Tribunal failed to consider corroborative evidence and thus fell into jurisdictional error
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 354
2 Aug 2019
: Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125
Besanko, Bromwich and Wheelahan J
(
371 ALR 545 ; 271 FCR 632
)
DEFAMATION - pleadings - common law justification - primary judge struck out variant meanings - David Syme & Co Ltd v Hore-Lacy - respondents' imputations that there were reasonable grounds to believe not permissible variants of the applicant's imputations - untenable pleading of justification for the purposes of adducing evidence in mitigation of damage disallowed - leave to appeal given - appeal dismissed. PRACTICE AND PROCEDURE - application for leave to appeal primary…
Status of Appeal to High Court -
Dec 2019: HCA special leave application refused with costs
1 Aug 2019
: Ali v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1166
Gleeson J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - partner visa - whether there were compelling reasons to waive application of Sch 3 of the Migration Regulations 1994 (Cth) - where appellant does not identify any appellable error - appeal dismissed
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 352
31 Jul 2019
: AQK17 v Minister for Immigration and Border Protection [2019] FCA 1176
Abraham J
MIGRATION - where Authority affirms decision of the Minister to refuse a safe haven enterprise visa - where Federal Circuit Court upholds that decision - where leave sought to amend notice of appeal to include additional grounds of appeal - leave to rely on new grounds refused - appeal dismissed PRACTICE AND PROCEDURE - new arguments raised on appeal - need for leave - arguments without merit - leave refused
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 315
29 Jul 2019
: DJB16 v Minister for Immigration and Border Protection [2019] FCA 1161
Kerr J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority (IAA) - where Appellant contends that the IAA misapplied s 473DD of the Migration Act 1958 (Cth) - where IAA's reasons with respect to s 473DD are conclusory and do not reveal active intellectual engagement - where error not material as not capable of affecting outcome - where Appellant seeks leave to …
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed [2020] HCASL 31
26 Jul 2019
: DJM17 v Minister for Home Affairs [2019] FCA 1153
Katzmann J
MIGRATION -- appeal from Federal Circuit Court dismissing application for judicial review of Tribunal decision affirming decision of Minister's delegate not to grant protection visa -- whether appellant required leave to argue grounds of appeal -- whether appealable error -- whether manifest unreasonableness in conduct of Tribunal -- whether Tribunal ought to have conducted inquiries of its own to locate documents which could have corroborated appellant's claim
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 370
26 Jul 2019
: CPX16 v Minister for Immigration and Border Protection [2019] FCA 1164
Kenny J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority - where appellant sought to raise grounds not raised before primary judge - where grounds lack sufficient prospects of success - leave refused - appeal dismissed
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 362
25 Jul 2019
: CAH17 v Minister for Immigration and Border Protection [2019] FCA 1129
Flick J
MIGRATION - separate claims by mother and son - alleged failure to separately consider claims of the son - alleged wrongful imputation of adverse credibility against mother upon the son
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed with costs [2019] HCASL 380
25 Jul 2019
: Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2019] FCAFC 122
Yates, Moshinsky and Thawley JJ
(
270 FCR 244
)
STATUTES - Customs Act 1901 (Cth) - Part XVB - ferrous grinding balls exported from the People's Republic of China to Australia - judicial review of anti-dumping measures STATUTES - Customs (International Obligations) Regulation 2015 (Cth) - normal price of goods - ordinary course of trade - determination of profit - determination of cost of production or manufacture - determination of administrative, selling and general costs ADMINISTRATIVE LAW - whether reviewable error in …
Status of Appeal to High Court -
Feb 2020: HCA special leave application refused with costs
25 Jul 2019
: Tran v Minister for Home Affairs [2019] FCA 1126
Derrington J
MIGRATION - partner visa - whether parties in a genuine spousal relationship - whether Tribunal erred in failing to provide documents to appellants - appellants provided with relevant information on two separate occasions at different hearings and given opportunity to respond - no possible practical injustice PRACTICE AND PROCEDURE - conduct of legal representatives of the Commonwealth - Model Litigant Rules - inappropriateness of non-Commonwealth parties raising rules -…
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed with costs [2019] HCASL 403
23 Jul 2019
: ALP15 v Minister for Immigration and Border Protection [2019] FCA 1123
Farrell J
MIGRATION - appeal from the Federal Circuit Court of Australia - where primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister for Immigration and Border Protection refusing to grant ALP15 a Protection (Class XA) visa - application to extend time to appeal granted by consent - whether Tribunal lawfully considered whether the cumulative effect over time of "low level…
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 314
