Special Leave Applications to the High Court - 2019 Judgments
19 Jul 2019
: CPP18 v Minister for Home Affairs [2019] FCA 1115
Abraham J
MIGRATION - appeal from Federal Circuit Court dismissing application for judicial review of the decision of the Immigration Assessment Authority - where Immigration Assessment Authority determined that letters provided to it by the appellant were "new information" for the purposes of ss 473DC and 473DD of the Migration Act 1958 (Cth) - failure by the primary judge to give adequate reasons on an aspect of the argument - no practical injustice from primary judge's failure to…
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed with costs [2019] HCASL 398
19 Jul 2019
: CHZ19 v Minister for Home Affairs (No 2) [2019] FCA 1112
Colvin J
MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for review of decision of the Administrative Appeals Tribunal affirming delegate's decision to refuse to grant visa - where a document containing material adverse to the appellant was before the Tribunal but was not disclosed to the appellant - whether non-disclosure of the document amounted to a denial of procedural fairness - where document was not produced on appeal - consideration of…
Status of Appeal to High Court -
Feb 2020: HCA special leave application refused with costs
12 Jul 2019
: BOG16 v Minister for Immigration and Border Protection [2019] FCA 1087
Reeves J
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the appellant had been refused a protection (class XA) visa - appeal dismissed
Status of Appeal to High Court -
10 December 2020: HCA - Special leave application dismissed [2020] HCASL 265
12 Jul 2019
: BLS17 v Minister for Immigration and Border Protection [2019] FCA 1079
O'Bryan J
MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of decision of Immigration Assessment Authority affirming decision of Minister's delegate refusing grant of protection visa - unreasonableness - where decision of Minister's delegate was not based on adverse credibility findings - whether Immigration Assessment Authority's failure to put adverse findings of fact to appellant was legally unreasonable - procedural…
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 343
12 Jul 2019
: CHB16 v Minister for Immigration and Border Protection [2019] FCA 1089
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 Administrative Appeals Tribunal (the Tribunal) - where the appellant had been refused a protection (class XA) visa - whether the Tribunal failed to consider an integer of the appellant's claim - whether the Tribunal failed to consider a claim that clearly arose from the materials - no jurisdictional error found -…
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed with costs [2019] HCASL 377
11 Jul 2019
: Karim v Minister for Home Affairs [2019] FCA 1064
Perram J
MIGRATION - appeal from Federal Circuit Court - where Court dismissed application for judicial review of decision of Administrative Appeals Tribunal - where Tribunal found conditions for carer (subclass 836) visa not met - where most recent certificate assessed impairment of sponsor below requisite rating - whether Tribunal could independently be satisfied appellant was carer regardless - whether previous certificate could be relied upon - whether denial of procedural…
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 313
8 Jul 2019
: CDP16 v Minister for Immigration and Border Protection [2019] FCA 1054
Abraham J
MIGRATION - appeal from Federal Circuit Court dismissing application for judicial review of the decision of the Immigration Assessment Authority- whether the Immigration Assessment Authority failed to consider an integer of the applicant's claim- where tribunal failed to consider membership of a particular social group- no jurisdictional error found- application dismissed.
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 324
8 Jul 2019
: EAJ18 v Minister for Home Affairs [2019] FCA 1057
Abraham J
MIGRATION - where Authority affirms decision of the Minister to refuse a temporary protection visa - where Federal Circuit Court upholds that decision - whether there is jurisdictional error - whether the Authority was legally unreasonable - where grounds of appeal not raised before Federal Circuit Court - where leave to appeal refused - appeal dismissed
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 348
5 Jul 2019
: Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115
Greenwood, Jagot and Yates JJ
(
142 IPR 381 ; 371 ALR 563 ; 270 FCR 572
)
PATENTS - pellants/cross-respondents ("Calidad") importers and sellers of printer cartridges modified or "repurposed" by a third party - first respondent - first cross-appellant ("Seiko Epson") the patentee of two patents in suit said to have been infringed by Calidad's conduct - consideration of the doctrine of implied licence - consideration of the scope and content of any licence implied by law - consideration of the doctrine of repair - consideration of the nature, type…
Status of Appeal to High Court -
Nov 2019: HCA special leave application granted
28 Jun 2019
: BGQ18 v Minister for Home Affairs [2019] FCA 1001
Flick J
MIGRATION - application for safe haven enterprise visa - rejection by delegate and Immigration Assessment Authority - claim of harm by reason of imputed political opinion - application for review of Immigration Assessment Authority decision dismissed by Federal Circuit Court PRACTICE AND PROCEDURE - new arguments raised on appeal - need for leave - arguments without merit
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 349
21 Jun 2019
: Gohil v Minister for Home Affairs [2019] FCA 977
Perram J
MIGRATION - appeal from Federal Circuit Court - where Court dismissed application for judicial review of decision of Administrative Appeals Tribunal - where Tribunal found it had no jurisdiction - where appellant was not subject to approved nomination at time of Tribunal decision - whether Tribunal erred in finding it had no jurisdiction
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 346
21 Jun 2019
: EEZ18 v Minister for Home Affairs [2019] FCA 959
Bromwich J
MIGRATION – appeal from the Federal Circuit Court of Australia – where primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority by which it affirmed a decision of a delegate of the Minister not to grant the appellant a Safe Haven Enterprise visa – whether Authority properly considered s 473DD in respect of a letter constituting “new information” – held: appeal dismissed.
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 312
20 Jun 2019
: BCY17 v Minister for Immigration and Border Protection [2019] FCA 948
Gleeson J
MIGRATION - appeal from the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority (IAA) - where the appellant formerly resided in Sri Lanka and is of Tamil ethnicity - whether the IAA failed to take into account a relevant matter - whether the IAA made an unreasonable finding - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 276
20 Jun 2019
: DGS17 v Minister for Home Affairs [2019] FCA 962
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 Immigration Assessment Authority by which it affirmed a decision of a delegate of the Minister not to grant the appellant a Safe Haven Enterprise visa - where Authority found that the "new information" had no apparent relevance to the appellant's claims - whether there were "exceptional circumstances" under s 473DD of the…
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 345
20 Jun 2019
: DFS16 v Minister for Home Affairs [2019] FCA 944
Kerr J
(
166 ALD 410
)
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 (Authority) - where the Authority had affirmed a decision of a delegate of the First Respondent not to grant the Appellant a Safe Haven Enterprise (subclass 790) visa - dispositive issue in appeal whether an English translation of a Tamil document is "new information" for the purposes of Pt 7AA of the …
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed with costs [2019] HCASL 379
20 Jun 2019
: ENE17 v Minister for Immigration and Border Protection [2019] FCA 942
Farrell J
MIGRATION - appeal from the Federal Circuit Court of Australia - where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister to refuse the appellant a Safe Haven Enterprise (subclass 790) visa - whether Authority erred by failing to engage in an active intellectual process with the material referred to it by the Secretary and other country information - where…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 257
19 Jun 2019
: Northern Land Council v Quall (No 2) [2019] FCAFC 101
Griffiths, Mortimer and White JJ
Status of Appeal to High Court -
Nov 2019: HCA special leave application granted
19 Jun 2019
: BJW16 v Minister for Home Affairs [2019] FCA 930
Anderson J
MIGRATION - appeal from decision of Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) not to grant protection visa - where first ground of appeal is unparticularised - whether it is the role of the Court on appeal to identify error where the appellant has not - whether the Tribunal properly considered the factual information provided by the appellant in visa application…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 280
19 Jun 2019
: DJV17 v Minister for Home Affairs [2019] FCA 955
Collier J
MIGRATION - Appeal from Federal Circuit Court - whether primary Judge erred in finding that it was not legally unreasonable for Authority to conclude that errors in interpretation could have been brought to delegate's attention before the delegate's decision or was credible personal information that was not previously known - Construction of Migration Act 1958 (Cth) s 473DD
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 330
19 Jun 2019
: Minister for Home Affairs v Ogawa [2019] FCAFC 98
Collier, Reeves, Davies, Rangiah and Steward JJ
(
369 ALR 553 ; 269 FCR 536
)
MIGRATION - cancellation of visa on character grounds under s 501 of the Migration Act 1958 (Cth) - procedural fairness - obligation to have regard to information provided to Minister - obligation to apply active intellectual process to information - where no express reference to information in Minister's reasons - whether Minister overlooked information - whether risk to the Australian community is a mandatory relevant consideration - whether error was material - whether…
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed with costs [2019] HCASL 375
14 Jun 2019
: CPU18 v Minister for Home Affairs [2019] FCA 922
Reeves J
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether the primary judge erred in concluding that the Immigration Assessment Authority (IAA) had engaged appropriately with the requirements of s 473DD of the Migration Act 1958 (Cth) - where new information was provided to the IAA - appeal dismissed
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed with costs [2019] HCASL 381
14 Jun 2019
: CAO16 v Minister for Home Affairs [2019] FCA 920
Reeves J
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the appellant had been refused a protection (class XA) visa - appeal dismissed
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 309
12 Jun 2019
: BCQ17 v Minister for Home Affairs [2019] FCA 889
Markovic J
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where the Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the appellant a Safe Haven Enterprise visa - where Authority considered new information that it sourced itself - whether Authority required to be satisfied of requirements in s 473DD(b) of the Migration Act 1958 (Cth) - whether Authority…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 274
12 Jun 2019
: ETV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 882
Markovic J
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellants' application for judicial review - where the Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the appellants a Safe Haven Enterprise visa - whether the Authority misapprehended the appellants' claim about issues created by their inter-caste marriage - whether the Authority failed to give cumulative consideration to the first…
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed with costs [2019] HCASL 378
12 Jun 2019
: FJW17 v Minister for Home Affairs [2019] FCA 881
Markovic J
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where the Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the appellant a Safe Haven Enterprise visa - whether the Authority misunderstood the appellant's evidence resulting in jurisdictional error - whether the Authority misapplied s 473DD of the Migration Act 1958 (Cth) - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 290
7 Jun 2019
: Boutros v Minister for Immigration and Border Protection [2019] FCA 851
Perry J
(
166 ALD 108
)
MIGRATION - where visitor visa holder applied under reg 2.05(4), Migration Regulations 1994, for waiver of "no further stay condition" to care for his pregnant sister who had medical complications - whether leave should be granted to raise new grounds on the appeal from the Federal Circuit Court - where delegate refused application for waiver - whether independent ground of delegate's decision not challenged - consideration of the meaning of "compelling" circumstances -…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 289
4 Jun 2019
: CCL Secure Pty Ltd v Berry (No 2) [2019] FCAFC 92
McKerracher, Robertson and Lee JJ
COSTS - whether costs order made below should be disturbed - settlement letter not orthodox Calderbank offer - primary judge's costs order to remain - form of order to be made in lieu of order made by primary judge as to damages
Status of Appeal to High Court -
Oct 2019: HCA Special leave granted
4 Jun 2019
: WZAVM v Minister for Immigration and Border Protection [2019] FCA 839
Allsop CJ
MIGRATION - application for protection visa - where decision of delegate not to grant protection visa affirmed - whether Tribunal by conflating considerations relevant to complementary protection with the inquiry with respect to the Refugees Convention - whether Tribunal failed to consider an integer of the appellant's protection claim - no jurisdictional error established - appeal dismissed with costs
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 273
4 Jun 2019
: DYD16 v Minister for Immigration and Border Protection [2019] FCA 828
Stewart J
MIGRATION - appeal against the dismissal of an application for judicial review in the Federal Circuit Court (FCC) of a decision by the Immigration Assessment Authority (IAA) to affirm a decision to refuse to grant the Appellant a Safe Haven Enterprise (Subclass 790) visa - matters raised by the Appellant go to the underlying merits of the application - no recognised ground of jurisdictional error - no error identified in the FCC or IAA's reasons - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 256
4 Jun 2019
: Ali v Minister for Home Affairs [2019] FCAFC 93
Jagot, Burley and Lee JJ
(
269 FCR 340
)
MIGRATION - where visa cancelled pursuant to s 501(3A) Migration Act 1958 (Cth) - whether a sentence of imprisonment suspended on a bond to be taken into account for "substantial criminal record" pursuant to s 501(7)(c) Migration Act - whether mandatory considerations were taken into account by the Minister - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 272
4 Jun 2019
: ESQ17 v Minister for Immigration and Border Protection [2019] FCA 826
Stewart J
(
166 ALD 59
)
MIGRATION - appeal from orders of the Federal Circuit Court (FCC) dismissing the appellant's application for judicial review of a decision by the Immigration Assessment Authority (IAA) under Part 7AA, Migration Act 1958 (Cth) - appellant claiming a fear of harm in Sri Lanka - whether FCC should have identified jurisdictional error in IAA's decision - whether IAA failed to consider "new information" - construction of s 473DD of the Migration Act 1958 (Cth) - appeal dismissed
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 329
3 Jun 2019
: EDM17 v Minister for Immigration and Border Protection [2019] FCA 821
Burley J
MIGRATION - fast track reviewable decision - Safe Haven Enterprise Visa - whether the Immigration Assessment Authority erred in finding that the appellant's version of events was inconsistent with a report of country information - application dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 288
3 Jun 2019
: BJW17 v Minister for Home Affairs [2019] FCA 813
Farrell J
MIGRATION - appeal from the Federal Circuit Court of Australia - where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister to refuse the appellant a Safe Haven Enterprise (Class XE, subclass 790) visa - where appellant's two grounds of appeal did not meaningfully engage with reasons of primary judge but essentially repeated original grounds verbatim - whether…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 271
31 May 2019
: SZRHL v Minister for Home Affairs [2019] FCA 785
Rangiah J
MIGRATION - appeal against judgment of Federal Circuit Court - application for protection visa - whether Tribunal erred by failing to consider psychological report when considering credibility - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 255
31 May 2019
: BYI18 v Minister for Home Affairs [2019] FCA 803
Besanko J
MIGRATION -- where a delegate of the Minister for Immigration and Border Protection refused to grant the appellants Safe Haven Visas -- where the Immigration Assessment Authority affirmed the delegate's decision -- where the Federal Circuit Court of Australia dismissed the appellants' application for judicial review of the Authority's decision MIGRATION -- whether the primary judge erred in failing to consider, or failing to conclude, that the Authority committed…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 254
31 May 2019
: DLV17 v Minister for Immigration and Border Protection [2019] FCA 801
Besanko J
MIGRATION -- where a delegate of the Minister for Immigration and Border Protection refused to grant the appellant a Safe Haven Visa -- where the Immigration Assessment Authority affirmed the delegate's decision -- where the Federal Circuit Court of Australia dismissed the appellant's application for judicial review of the Authority's decision MIGRATION -- whether the Authority failed to give real and genuine consideration to country information -- where the Authority said…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 266
31 May 2019
: SZRBN v Minister for Immigration and Border Protection [2019] FCA 995
O'Callaghan J
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 323
31 May 2019
: DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91
Beach, O'Callaghan and Anastassiou JJ
MIGRATION - appeal from decision of Federal Circuit Court refusing judicial review application concerning decision of Immigration Assessment Authority - decision of Authority to refuse Safe Haven Enterprise visa - failure to consider claim or integer of claim - failure to apply correct legal test - findings concerning ability to pay fine and to obtain a surety said to be illogical and unreasonable - unreasonable failure to consider whether to exercise or unreasonable failure …
Status of Appeal to High Court -
20 March 2020: HCA - Special leave application dismissed [2020] HCATrans 41
30 May 2019
: CUK17 v Minister for Home Affairs [2019] FCA 835
Perry J
MIGRATION - appeal from orders of the Federal Circuit Court (FCC) dismissing the appellants' application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) - where Tribunal affirmed delegate's decision refusing to grant the appellants a protection visa - whether Tribunal acted unreasonably in dealing with the appellants' claims - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 246
30 May 2019
: CYD17 v Minister for Home Affairs [2019] FCA 869
Logan J
(
166 ALD 197
)
MIGRATION - appeal from the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority - where the appellant formerly resided in a province of Afghanistan where roads were regularly impassable in winter - whether the Authority failed to consider material referring to the impassable roads - construction of claim - whether the impassability was potentially determinative of the appellant's claim - where Authority…
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 316
30 May 2019
: AXL17 v Minister for Immigration and Border Protection (No 2) [2019] FCA 778
Markovic J
MIGRATION - appeal from orders of the Federal Circuit Court of Australia (Federal Circuit Court) dismissing the appellants' application for judicial review - where the Administrative Appeals Tribunal (Tribunal) affirmed the decision of a delegate not to grant the appellants protection visas - whether to grant leave to the appellants to rely on grounds of appeal not raised before the Federal Circuit Court - whether the Tribunal asked the first appellant to change his…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 287
29 May 2019
: DEU17 v Minister for Immigration and Border Protection [2019] FCA 770
Murphy J
MIGRATION - appeal from decision of Federal Circuit Court - protection visa - whether Immigration Assessment Authority erred in finding that the appellant's father was not of interest to the Sri Lankan authorities - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 286
29 May 2019
: Parvin v Minister for Immigration and Border Protection [2019] FCAFC 86
Perram, Perry and O'Callaghan JJ
(
269 FCR 247
)
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia which dismissed an appeal from a decision of the Migration Review Tribunal - where Tribunal did not disclose existence of a certificate under s 375A of the Migration Act 1958 (Cth) - where Tribunal had not disclosed certain items of information mentioned in the Tribunal's reasons - where appellant already knew that the Tribunal had confidential information to the effect that the appellant was not,…
Status of Appeal to High Court -
Nov 2019: HCA special leave application refused with costs
29 May 2019
: Tam v Minister for Immigration and Border Protection [2019] FCA 780
White J
MIGRATION - the two Appellants had applied in a single application for Partner (Temporary) (Class UK) visas (Temporary visa) and Partner (Residence) (Class BS) visas (Permanent visa) - a delegate of the Minister (the first delegate) refused the application for both visas and notified the Appellants of both decisions - Appellants sought (unsuccessfully) review of the decision refusing the Temporary visa in the Migration Review Tribunal (MRT) and judicial review of the MRT…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 263
27 May 2019
: ACL17 v Minister for Home Affairs [2019] FCA 753
Yates J
(
165 ALD 301
)
MIGRATION - appeal from judgment of Federal Circuit Court - no error demonstrated - appeal dismissed
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 318
27 May 2019
: EUW17 v Minister for Immigration and Border Protection [2019] FCA 744
Jackson J
(
165 ALD 287
)
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review - whether appellant deprived of opportunity to make submissions to Immigration Assessment Authority because practice direction regarding opportunity sent to wrong address - whether that error was jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 282
24 May 2019
: Dalby Bio-Refinery Ltd v Allianz Australia Insurance Limited [2019] FCAFC 85
Allsop CJ, Beach and Anastassiou JJ
INSURANCE - where damage found to stockpiles of dry distillers' grain and solubles - construction of perils exclusion clause in industrial special risks insurance policy - whether 'heating" in exclusion clause qualified by the word "spontaneous" - interpretation of the phrase "spontaneous heating" - whether explanation required for cause of spontaneous heating - appeal dismissed with costs
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed with costs [2019] HCASL 295
24 May 2019
: CCL Secure Pty Ltd v Berry [2019] FCAFC 81
McKerracher, Robertson and Lee JJ
TRADE PRACTICES - misleading and deceptive conduct - s 52 of the Trade Practices Act 1974 (Cth) - findings relating to conduct at meeting between two participants with no witnesses - whether two oral representations were conveyed to respondents - whether primary judge erred in respect of factual and credit findings including in relation to findings of fraud DAMAGES - statutory compensation - s 82 of the Trade Practices Act 1974 (Cth) - where quantum to be assessed by…
Status of Appeal to High Court -
Oct 2019: HCA Special leave granted
22 May 2019
: Hunjan v Minister for Home Affairs (No 2) [2019] FCA 732
Derrington J
MIGRATION - application for sub-class 820 visa - failure to meet any of the criteria as set out in r 801 of Migration Regulations - no demonstrated jurisdictional error on the part of the Tribunal - application for review dismissed - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 278
22 May 2019
: CXB16 v Minister for Home Affairs [2019] FCA 779
Rangiah J
MIGRATION - appeal against judgment of the Federal Circuit Court - application for protection visa - claim to fear persecution on basis of political opinion - whether failure to give applicant particulars of information under s 424A of the Migration Act 1954 (Cth) - where notice of appeal makes bare assertions of error - no jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 264
22 May 2019
: DKH17 v Minister for Immigration and Border Protection [2019] FCA 737
Farrell J
MIGRATION - appeal from the Federal Circuit Court of Australia - where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister to refuse the appellant a Safe Haven Enterprise (subclass 790) visa - where the appellant abandoned original grounds and the primary judge refused leave to rely on an amended application - where appellant sought to raise same grounds for…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 284
22 May 2019
: EJB17 v Minister for Immigration and Border Protection [2019] FCA 742
Farrell J
MIGRATION - appeal from the Federal Circuit Court of Australia - where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister to refuse the appellant a Safe Haven Enterprise (subclass 790) visa - where notice of appeal contained a single ground which made a general and unparticularised complaint of error by the primary judge - whether it is the role of the Court…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 285
22 May 2019
: BKR16 v Minister for Immigration and Border Protection [2019] FCA 708
Markovic J
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where the Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the appellant a Safe Haven Enterprise visa - whether the primary judge erred in rejecting the submission that the Authority failed to consider appellant's claim - whether the Court should grant appellant leave to raise new ground on appeal - …
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 251
21 May 2019
: BQR18 v Minister for Home Affairs [2019] FCA 703
Besanko J
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 245
20 May 2019
: Northern Land Council v Quall [2019] FCAFC 77
Griffiths, Mortimer and White JJ
(
367 ALR 216 ; 164 ALD 63 ; 268 FCR 228
)
ADMINISTRATIVE LAW - delegation of statutory functions and powers - distinction between authorisation and delegation - the Carltona principle - principles for determining whether a power or function is delegable - effect of delegation NATIVE TITLE - whether a representative body under the Native Title Act 1993 (Cth) is able to delegate its power and function to certify an application for an area Indigenous Land Use Agreement (ILUA) under s 201BE(1)(b) - the process and…
Status of Appeal to High Court -
Nov 2019: HCA special leave application granted
17 May 2019
: FEZ17 v Minister for Home Affairs [2019] FCAFC 76
Rares, Flick and Burley JJ
MIGRATION - appeal from the Federal Court of Australia - where the primary judge dismissed an application for judicial review of a decision of the Federal Circuit Court of Australia refusing to extend time under s 477(2) of the Migration Act 1958 (Cth) - whether the primary judge erred in determining the FCCA properly exercised its discretion under s 477(2) - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 268
17 May 2019
: EDY17 v Minister for Home Affairs [2019] FCA 707
Thawley J
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority - whether the Immigration Assessment Authority misapplied the real chance test
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 270
17 May 2019
: EFP17 v Minister for Immigration and Border Protection [2019] FCA 690
Thawley J
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority - whether the conclusion of the Authority was legally unreasonable - whether there was a logical connection between the available evidence and the Authority's conclusion - whether there was a probative basis for the Authority's conclusion
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 269
17 May 2019
: ANQ16 v Minister for Immigration and Border Protection [2019] FCA 693
Wheelahan J
MIGRATION - appeal from the Federal Circuit Court - whether the Tribunal made a jurisdictional error in its consideration of inconsistencies between the appellant's entry interview and later evidence - whether failure to make findings of fact on certain issues was a jurisdictional error - whether the Tribunal's failure to accept country evidence provided was legally unreasonable - appeal dismissed.
Status of Appeal to High Court -
26 November 2020: HCA - Application for determination dismissed [2020] HCASL 252
14 May 2019
: AOL16 v Minister for Immigration, Citizenship & Multicultural Affairs [2019] FCA 756
Lee J
MIGRATION - appeal from Federal Circuit Court -decision of Administrative Appeals Tribunal not to grant protection visa- whether Tribunal failed to consider a new claim - whether Tribunal failed to make obvious inquiry - no jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Nov 2019: HCA special leave application dismissed [2019] HCASL 350
13 May 2019
: CAQ16 v Minister for Immigration and Border Protection [2019] FCA 709
Lee J
MIGRATION - appeal from Federal Circuit Court - decision of the Administrative Appeals Tribunal not to grant protection visa - adverse credibility findings - whether Tribunal's findings were tentative - whether "what if I am wrong" test should have been applied in considering the "real chance" test - no jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 250
13 May 2019
: SZWAW v Minister for Immigration and Border Protection [2019] FCA 710
Lee J
MIGRATION - application for judicial review - Federal Circuit Court affirmed Tribunal's decision not to grant a protection visa - whether Tribunal was required to make inquiries - whether duty to inquire exists - whether Tribunal failed to consider a claim - where Tribunal rejected the underlying basis of the claim - whether appellant was on notice that a particular element of his claim was an issue - no jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed with costs [2019] HCASL 304
10 May 2019
: CRC16 v Minister for Home Affairs [2019] FCA 663
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 Administrative Appeals Tribunal affirming a refusal of a protection visa application - whether Tribunal made findings without a logical and probative basis - whether Tribunal made a finding which was illogical or irrational - whether adverse credibility findings involved jurisdictional error
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 320
10 May 2019
: DEX16 v Minister for Immigration and Border Protection [2019] FCA 654
Greenwood J
MIGRATION - consideration of whether the Immigration Assessment Authority fell into error in assessing the claims made by the appellant in relation to questions arising under s 36(2)(a) and s 36(2)(aa) of the Migration Act 1958 (Cth) - consideration of whether the IAA 'considered' e 'review material' or the purposes of s 473CB and s 473CC of the Act
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 267
2 May 2019
: CAQ18 v Minister for Home Affairs [2019] FCA 603
Banks-smith J
MIGRATION - protection visa - appeal from a judgment of the Federal Circuit Court of Australia - adequacy of reasons - whether trial judge erred in failing to address submission made by appellant - where Tribunal rejected appellant's claim due to overarching credibility finding - whether Tribunal failed to take into account relevant material - where appellant's claim would not constitute 'significant harm' even if accepted - no jurisdictional error
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed [2019] HCASL 231
30 Apr 2019
: BCD16 v Minister for Immigration and Border Protection [2019] FCA 592
Farrell J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - Administrative Appeals Tribunal affirmed delegate's decision to refuse to grant the appellant a Protection (Class XA) visa - where Tribunal made credibility findings adverse to appellant - whether Tribunal failed to consider claim based on imputed membership of the social group "journalists and media professionals in Sri Lanka" or be subject to generalised harm as a perceived journalist or media…
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed [2019] HCASL 217
29 Apr 2019
: AEG16 v Minister for Immigration and Border Protection [2019] FCA 585
Bromberg J
MIGRATION - appeal of a decision of Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") - Tribunal affirming a decision to refuse to grant a Protection (Class XA) visa to a Sri Lankan citizen - whether a claim made before the Tribunal under the Refugee Convention should also be regarded as a claim for complementary protection - whether a claim for complementary protection expressly …
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 265
29 Apr 2019
: CSF17 v Minister for Home Affairs [2019] FCA 569
Kerr J
PRCACTICE AND PROCEDURE - application for leave to adduce fresh evidence on appeal - where Appellant has not complied with r 36.57(1) of thee Federal Court Rules 2011 (Cth) - where leave refused to advance ground of appeal that proposed evidence supports - no utility in granting leave to adduce fresh evidence - leave refused PRACTICE AND PROCEDURE - application for leave to amend grounds of appeal - where Appellant self-represented before primary judge - where First…
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed [2019] HCASL 230
26 Apr 2019
: Davies v Lazer Safe Pty Ltd [2019] FCAFC 65
Greenwood, White and Burley JJ
PATENTS - patent for safety system for use with machinery - construction of claims - appeal against findings of non-infringement - non-infringement findings upheld - cross-appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed with costs [2019] HCASL 302
18 Apr 2019
: DVP16 v Minister for Immigration and Border Protection [2019] FCA 539
Wigney J
MIGRATION - application for Protection (Class XA) visa - where Administrative Appeals Tribunal not satisfied that appellant would face serious or significant harm for the reasons claims - where Administrative Appeals Tribunal affirmed decision to refuse to grant the appellant a protection visa - where Federal Circuit Court dismissed appellant's application - whether appellant afforded fair hearing - whether appellant denied procedural fairness - where no basis for grounds of …
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed [2019] HCASL 226
18 Apr 2019
: BTU18 v Minister for Home Affairs [2019] FCA 540
Wigney J
MIGRATION - refusal of application for protection visa by a delegate of the Minister for Immigration and Border Protection - where Administrative Appeals Tribunal affirmed decision of the delegate - where Federal Circuit Court dismissed appellant's appeal - where adverse credit findings made against appellant - whether procedural fairness denied - whether information required to be given to appellant pursuant to s 424A of the Migration Act 1958 (Cth) - no appellable error…
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed [2019] HCASL 225
18 Apr 2019
: DOB18 v Minister for Home Affairs [2019] FCAFC 63
Rares, Logan and Robertson JJ
(
269 FCR 636
)
MIGRATION - appeal from judgment of judge of the Federal Court of Australia - whether the primary judge erred in concluding that the Minister had not fallen into jurisdictional error in reasoning that it was unnecessary to determine whether non-refoulement obligations were owed in respect of the appellant - whether the primary judge erred in reaching the conclusion that non-refoulement considerations would be (necessarily, as a matter of law) considered in any future…
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 331
17 Apr 2019
: AIC16 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2019] FCA 531
Mortimer J
MIGRATION - appeal from decision of Federal Circuit Court affirming decision of Refugee Review Tribunal to refuse protection visa - whether jurisdictional error in Tribunal's approach to fact-finding - whether Tribunal failed to discharge statutory task - whether Tribunal made "formulaic" conclusions in sense described in AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 361 ALR 227 - no error in Tribunal reasoning - appeal dismissed
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed [2019] HCASL 216
16 Apr 2019
: Akbar v Minister for Immigration and Border Protection [2019] FCA 515
Collier J
(
164 ALD 357
)
MIGRATION - subclass 485 (Temporary Graduate) visa - whether requirement for skills and nominated skilled occupation under Migration Regulations 1994 (Cth) cl 485.22 was satisfied - whether nomination of skilled occupation can be changed after lodgement of application but prior to delegate's decision - whether "change in circumstances" within the meaning of Migration Act 1958 (Cth) s 104 - whether Minister required to have regard to change of nominated skilled occupation…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed with costs [2019] HCASL 258
15 Apr 2019
: CQR17 v Minister for Immigration and Border Protection [2019] FCAFC 61
Reeves, Jagot and Derrington JJ
(
269 FCR 367
)
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review - where the Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the appellant a Safe Haven Enterprise visa - where the Authority not given all the material in possession or control of the delegate when the decision referred to the Authority - whether delegate failed to identify relevant documents -…
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed [2019] HCASL 228
12 Apr 2019
: Naikar v Minister for Immigration and Border Protection [2019] FCA 502
O'Callaghan J
MIGRATION - appeal from decision dismissing application for judicial review of refusal to grant partner visa - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed with costs [2019] HCASL 294
12 Apr 2019
: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Appeal) [2019] FCAFC 59
Allsop CJ, Griffiths and Rangiah JJ
(
366 ALR 698 ; 286 IR 336 ; 269 FCR 262
)
INDUSTRIAL LAW - appeal from a single judge of the Federal Court - where respondents engaged employees and subcontractors in stop-work meetings - contraventions of ss 355 and 346(b) of the Fair Work Act 2009 (Cth) - whether respondents also contravened s 417 - whether stop-work meetings were "industrial action" when employers had agreed to or authorised union meetings under an enterprise agreement - whether s 19(2)(a) applies - proper construction of the union meeting clause …
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed with costs [2019] HCASL 259
11 Apr 2019
: Minister for Home Affairs v Hunt [2019] FCAFC 58
McKerracher, Perry and Banks-smith JJ
(
269 FCR 292
)
MIGRATION - appeal from a single judge of this Court - where the primary judge granted the application for extension of time - visa cancelled on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) - whether the primary judge erred in finding the Minister's decision was tainted by jurisdictional error -whether the Minister failed to have regard to the suspended nature of the sentences - appeal allowed MIGRATION - whether primary judge erred in holding that…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed with costs [2019] HCASL 300
5 Apr 2019
: BUU18 v Minister for Home Affairs [2019] FCA 457
Perram J
MIGRATION - appeal from Federal Circuit Court - whether Court erred in dismissing application for judicial review of decision of Immigration Assessment Authority - whether Authority considered applicant's claims - whether Authority acted unreasonably in denying extension of time to provide submissions
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 201
5 Apr 2019
: Hong v Minister for Immigration and Border Protection [2019] FCAFC 55
Logan, Bromwich and Wheelahan JJ
(
269 FCR 47
)
MIGRATION - appeal from a decision of the Federal Court - where mandatory visa cancellation made pursuant to s 501(3A) of the Migration Act 1958 (Cth) - whether the primary judge erred in failing to find that the Tribunal failed to consider a claim made by the applicant - whether the alleged claim was sufficiently raised on the material, evidence and submissions before the Tribunal - whether the primary judge erred in failing to find that the Tribunal's decision was legally…
Status of Appeal to High Court -
Nov 2019: HCA special leave application refused with costs
4 Apr 2019
: Kaur v Minister for Home Affairs [2019] FCA 507
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 of a decision of the Administrative Appeals Tribunal affirming a refusal of a student visa application - where Tribunal found that bank documents provided were each a "bogus document" as defined - where Tribunal found that the appellants did not satisfy Public Interest Criterion 4020 - where no jurisdictional error…
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 210
4 Apr 2019
: AYG18 v Minister for Home Affairs [2019] FCA 454
Flick J
MIGRATION - Protection visa - appeal from a decision of the Federal Circuit Court dismissing an application for review of a decision of the Administrative Appeals Tribunal - where Tribunal made adverse finding as to credit - whether adverse findings as to credit unreasonable - consideration of duty of a judge to provide reasons for decision ADMINISTRATIVE LAW - benefit of the doubt - no obligation on decision-maker to give benefit of the doubt
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 200
2 Apr 2019
: Commissioner of Taxation v Resource Capital Fund IV LP [2019] FCAFC 51
Besanko, Middleton, Davies, Steward and Thawley JJ
(
366 ALR 272 ; 135 ACSR 486 ; 266 FCR 1
)
TAXATION - where provisions of the income tax law which refer to a company are read as also referring to a corporate limited partnership - where partners of a corporate limited partnership are jointly and severally liable to pay any amount that would be payable by the partnership - whether a corporate limited partnership is an entity which is liable to pay income tax - whether assessments issued to corporate limited partnerships should be treated as being assessments issued…
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed with costs
29 Mar 2019
: EUG17 v Minister for Home Affairs [2019] FCA 421
O'Callaghan J
MIGRATION - appeal from decision refusing judicial review of IAA's decision - appeal dismissed
Status of Appeal to High Court -
Dec 2019: HCA special leave application dismissed [2019] HCASL 395
29 Mar 2019
: FGY17 v Minister for Home Affairs [2019] FCA 417
O'Callaghan J
MIGRATION - appeal from decision refusing judicial review of IAA's decision - appeal dismissed
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 183
26 Mar 2019
: CRK15 v Minister for Immigration and Border Protection [2019] FCA 420
Moshinsky J
MIGRATION - appeal from Federal Circuit Court of Australia - protection visa - whether finding made by the Administrative Appeals Tribunal was irrational - whether the Tribunal failed to give the appellant a meaningful opportunity to give evidence and present arguments relating to the issues arising - whether the Tribunal failed to perform its statutory task - appeal dismissed
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 185
25 Mar 2019
: BLO16 v Minister for Immigration and Border Protection [2019] FCA 418
Thawley J
MIGRATION - appeal from the Federal Circuit Court of Australia - where Federal Circuit Court dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - whether erroneous conclusion as to nature of the appellant's claim - whether unreasonable adverse credibility finding
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 208
21 Mar 2019
: Kwiatkowska v Minister for Home Affairs [2019] FCA 388
McKerracher J
MIGRATION - student visa - whether jurisdictional error arose by denying the First Appellant's elder son the opportunity to translate - where no error identified - where any error, as alleged, would be immaterial Held: appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 281
20 Mar 2019
: CDV16 v Minister for Immigration and Border Protection [2019] FCA 371
Griffiths J
MIGRATION - appeal from the Federal Circuit Court of Australia dismissing an application for judicial review of the respondent's decision not to waive visa condition 8503 ('no further stay condition') - where the appellant made two unsuccessful requests to the respondent in March 2015 for a waiver of visa condition 8503 on the basis that his circumstances had changed by marrying an Australian citizen, assuming responsibility as her carer and becoming a father figure for her…
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 189
19 Mar 2019
: CRG16 v Minister for Home Affairs [2019] FCA 374
McKerracher J
MIGRATION - appeal from the Federal Circuit Court - where the primary judge dismissed the application for judicial review of a decision of the Immigration Assessment Authority - nature of the Pt 7AA regime - consideration of new information - where the Authority made adverse credibility findings - where the Authority made a finding open to it based on the country information
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed with costs [2019] HCASL 240
15 Mar 2019
: FLW17 v Minister for Immigration and Border Protection [2019] FCA 352
Bromwich J
MIGRATION - appeal from orders of the Federal Circuit Court dismissing application for judicial review - where reasons of ex tempore judgment not published at time notice of appeal filed - where no identifiable ground of appeal in notice of appeal - held: appeal dismissed
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 188
14 Mar 2019
: BYA17 v Minister for Immigration and Border Protection [2019] FCAFC 44
Rares, Perry and Charlesworth JJ
(
163 ALD 483 ; 269 FCR 94
)
MIGRATION - appeal from orders of the Federal Circuit Court (FCC) dismissing the appellants' application for judicial review of a decision by the Immigration Assessment Authority (IAA) under Part 7AA of the Migration Act 1958 (Cth) - where IAA affirmed delegate's decision refusing to grant the appellants a safe haven visa - where the primary rule in Part 7AA is that the fast track review is conducted on the papers by reference only to the material provided by the Secretary…
Status of Appeal to High Court -
Aug 2019: HCA special leave application refused with costs [2019] HCATrans 165
12 Mar 2019
: AFQ16 v Minister for Home Affairs [2019] FCA 407
O'Bryan J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing a decision of the Administrative Appeals Tribunal to affirm decision not to grant protection visa - whether adverse credibility findings made in error - whether decision of the Administrative Appeals Tribunal involved jurisdictional error - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 248
11 Mar 2019
: Han v Minister for Home Affairs [2019] FCA 331
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 leave sought to rely upon new proposed ground of appeal not raised in Federal Circuit Court - whether opinion of the Medical Officer of the Commonwealth formed in accordance with law - whether jurisdictional error - held: leave to rely upon new proposed ground of appeal refused - opinion of the Medical Officer…
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed with costs [2019] HCASL 236
8 Mar 2019
: DNN17 v Minister for Immigration and Border Protection (No 2) [2019] FCA 296
Allsop CJ
MIGRATION - application for safe haven enterprise visa - whether Immigration Assessment Authority took into account all probative evidence - whether adverse credibility findings made in error - additional opportunity to file submissions - leave sought to raise new grounds of appeal - whether Immigration Assessment Authority failed to carry out its statutory duty - whether Immigrants and Emigrants Act 1949 (Sri Lanka) a law of general application - whether practice direction…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 145
7 Mar 2019
: AVI16 v Minister for Immigration and Border Protection [2019] FCA 306
McKerracher J
MIGRATION - appeal from the Federal Circuit Court - whether the primary judge erred in failing to find jurisdictional error in the Tribunal's decision to affirm the delegate's decision to refuse protections visas - no interpretation error before the Tribunal that denied the appellants the opportunity to advance their claims - no error in the treatment of inconsistencies in the appellants' evidence
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 206
7 Mar 2019
: ASB17 v Minister for Home Affairs [2019] FCAFC 38
Griffiths, Mortimer and Steward JJ
(
268 FCR271
)
MIGRATION - appeal from decision of Federal Circuit Court affirming decision of Immigration Assessment Authority to refuse protection visa - whether Authority erred by unreasonably failing to consider whether to exercise discretion under s 473DC of the Migration Act 1958 (Cth) or by unreasonably failing to exercise that discretion - whether fact-finding by Authority about appellant's post-interview material irrational or legally unreasonable - appellant failed to prove that…
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 194
5 Mar 2019
: AYU16 v Minister for Immigration and Border Protection [2019] FCA 269
Thawley J
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 196
5 Mar 2019
: AJL16 v Minister for Immigration and Border Protection [2019] FCA 255
Mortimer J
MIGRATION - appeal from decision of Federal Circuit Court affirming decision of Administrative Appeals Tribunal to refuse protection visa - whether Tribunal failed to perform statutory review function by failing to consider risk that appellant would be subject to sexual violence - where appellant did not directly raise claim of risk of sexual violence before Tribunal - no error in Tribunal reasoning - appeal dismissed
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 202
4 Mar 2019
: DSF17 v Minister for Home Affairs [2019] FCA 243
Moshinsky J
MIGRATION - appeal from the Federal Circuit Court of Australia - protection visa - fast-track review process - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 135
