Special Leave Applications to the High Court - 2019 Judgments
4 Mar 2019
: COP15 v Minister for Immigration and Border Protection [2019] FCA 282
Kenny J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - appeal dismissed
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 203
4 Mar 2019
: AKU18 v Minister for Home Affairs [2019] FCA 267
Burley J
MIGRATION - rejection of Safe Haven Enterprise Visa application on the basis that no protection obligations were owed pursuant to subsection 36(2) of the Migration Act 1958 (Cth) - whether the Independent Assessment Authority erred in declining to take into account certain additional information pursuant to s 473DD of the Migration Act 1958 (Cth) - whether the Independent Assessment Authority acted unreasonably in rejecting the appellant's written request for the Independent …
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 199
1 Mar 2019
: DGC18 v Minister for Home Affairs (No 2) [2019] FCA 268
Allsop CJ
PRACTICE AND PROCEDURE - where four applications for extension of time heard together alongside five matters that commenced by way of notice of appeal - where all nine matters related to same issue of law - whether extensions of time and or leave to appeal should be granted to the four present applicants to place them in the same procedural position as the five appellants - extensions of time and leave to appeal granted - appeals dismissed
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 321
1 Mar 2019
: Kaur v Minister for Home Affairs [2019] FCA 271
Yates J
MIGRATION - appeal from judgment of Federal Circuit Court - refusal to grant student visa - where appellant did not satisfy the genuine temporary entrant criterion - where appellant's course of study not relevant to future employment in her country of origin - where Tribunal accepted appellant's explanation for lack of progress in her studies - where grounds of appeal not related to grounds of review raised below
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 165
1 Mar 2019
: Westpac Banking Corporation v Lenthall [2019] FCAFC 34
Allsop CJ, Middleton and Robertson JJ
(
366 ALR 136 ; 265 FCR 21
)
REPRESENTATIVE PROCEEDINGS - representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) - where primary judge determined making of common fund order appropriate to do justice in the proceedings - whether s 33ZF authorises the Court to make common fund order -- relevant considerations - width and purpose of s 33ZF - nature and purpose of common fund order - principle of legality - construction of Part IVA CONSTITUTIONAL LAW - JUDICIAL POWER -…
Status of Appeal to High Court -
May 2019: HCA special leave application granted [2019] HCATrans 95
28 Feb 2019
: ACA18 v Minister for Home Affairs [2019] FCA 241
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 (IAA) affirmed the decision of a delegate not to grant the appellant a Safe Haven Enterprise visa - whether primary judge failed to engage with appellant's argument - whether primary judge erred in finding that IAA had considered all relevant claims and integers thereof - whether primary judge erred…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 146
28 Feb 2019
: BJI18 v Minister for Home Affairs [2019] FCA 266
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 Immigration Assessment Authority - the significance of s 473DC(2) to the question whether a failure to consider exercising the discretion in s 473DC(3) is legally unreasonable
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed [2019] HCASL 229
28 Feb 2019
: EBY17 v Minister for Immigration and Border Protection [2019] FCA 222
Bromwich J
MIGRATION - application for an extension of time and leave to appeal - where Federal Circuit Court dismissed application seeking judicial review of decision of the Immigration Assessment Authority - where Authority erred in finding warning was given at arrival interview - where different accounts given by applicant at arrival interview and protection visa application - held: no jurisdictional error - application dismissed
Status of Appeal to High Court -
Oct 2019: HCA special leave application dismissed [2019] HCASL 347
27 Feb 2019
: DGC18 v Minister for Home Affairs [2019] FCA 250
Allsop CJ
MIGRATION - applications for Protection (Class XA) Visas refused - applications for a further Protection (Class XA) Visa determined to be invalid - whether Form 866 incorporated into the Migration Regulations 1994 (Cth) - whether s 48A of the Migration Act 1958 (Cth) applies - whether the Minister required to consider further application - challenge to SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121
Status of Appeal to High Court -
Oct 2019: HCA special leave applications dismissed [2019] HCASL 322, 333, 334, 335, 336, 337, 338
27 Feb 2019
: AXX16 v Minister for Home Affairs [2019] FCA 190
Derrington J
MIGRATION - appeal from Federal Circuit Court refusing Application for review of Administrative Appeals Tribunal decision - FCC refused appellant leave to amend application for review and dismissed it - no application for leave to appeal interlocutory orders - whether the Tribunal breached s 424A of the Migration Act 1958 (Cth) - proposed ground does not have sufficient merit - leave to appeal should not be granted - Notice of Objection to Competency allowed - appeal…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 176
27 Feb 2019
: BFW16 v Minister for Home Affairs [2019] FCA 191
Derrington J
MIGRATION - appeal from Federal Circuit Court's refusal to grant Constitutional writ - whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) - whether "view" formed by tribunal about appellant's failure to make a particular claim earlier was "information" - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 177
27 Feb 2019
: Singh v Minister for Home Affairs [2019] FCA 379
Rares J
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 153
27 Feb 2019
: Fattah v Minister for Home Affairs [2019] FCAFC 31
Perram, Farrell and Thawley JJ
(
268 FCR 33
)
MIGRATION - appeal from Federal Circuit Court -whether Court erred in dismissing application for judicial review of decision of Administrative Appeals Tribunal - whether Minister's power to cancel bridging visas for a person being charged with an offence applies only where person was charged while holding the visa - whether Tribunal decision unreasonable or irrational - whether Tribunal misconstrued discretionary nature of power to cancel bridging visas
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed with costs [2019] HCASL 241
27 Feb 2019
: BMK18 v Minister for Home Affairs [2019] FCA 189
Derrington J
MIGRATION - appeal from application to quash decision of Administrative Appeals Tribunal - bogus document provided with application - true birth date provided in application - whether bogus document provided "as evidence of identity, nationality or citizenship" - refusal by Tribunal to hear oral evidence - where no jurisdictional error established - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 178
26 Feb 2019
: ARW18 v Minister for Home Affairs [2019] FCA 259
Rangiah J
MIGRATION - appeal against decision of Federal Circuit Court of Australia - application for adjournment to seek legal advice - adjournment refused - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 168
26 Feb 2019
: ACM15 v Minister for Home Affairs [2019] FCA 217
Kenny J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia - whether primary judge erred in failing to find Tribunal fell into jurisdictional error in failing to consider a claim made by the appellant - appeal dismissed
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 184
25 Feb 2019
: BCF17 v Minister for Immigration and Border Protection [2019] FCA 210
Banks-smith J
MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review - protection visa - claim based on China's family planning policy - credibility - no jurisdictional error disclosed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 175
22 Feb 2019
: ANY16 v Minister for Home Affairs [2019] FCA 265
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 the Tribunal proceeded on the basis that a guarantor would be necessarily required for the appellant to be released from detention once detained on return to Sri Lanka after departing illegally - whether legal unreasonableness - whether the Federal Circuit Court erred in not…
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 205
22 Feb 2019
: CJM18 v Minister for Home Affairs [2019] FCA 193
Griffiths J
MIGRATION - whether appealable error by the Federal Circuit Court of Australia in not finding that the Immigration Assessment Authority erred in failing to consider the possibility of a translation error in a letter in support of a visa application provided by the appellant - where the translation stated that the appellant's father was merely 'involved' with the Tamil Tigers, rather than a 'member' of that group - appellant's request for an adjournment refused - no…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 132
22 Feb 2019
: AEW18 v Minister for Home Affairs [2019] FCA 208
Burley J
MIGRATION - refusal of a protection visa application - fast track review under Part 7AA - whether the IAA's findings were unreasonable or lacked rational basis - where delegate's reasons did not record the day and time of the making of the decision - consideration of s 66 and 67 of the Migration Act 1958 (Cth) - appeal dismissed
Status of Appeal to High Court -
Sep 2019: HCA special leave application dismissed [2019] HCASL 252
22 Feb 2019
: SZTVU v Minister for Home Affairs [2019] FCAFC 30
Perry, Derrington and Wheelahan JJ
(
268 FCR 497
)
MIGRATION - appeal from Federal Circuit Court - whether primary judge applied appropriate standard in deciding summarily to dismiss the appellant's application - whether the appellant was a "fast track applicant" within the meaning of s 5(1AA)(b) of the Migration Act 1958 (Cth) by reason of specification in a legislative instrument - whether the appellant was specified in a legislative instrument - whether the Minister had the power to specify any "person" as a "fast track…
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed with costs [2019] HCASL 222
22 Feb 2019
: Harding v Commissioner of Taxation [2019] FCAFC 29
Logan, Davies and Steward JJ
(
365 ALR 286 ; 269 FCR 311
)
TAXATION - residency of taxpayer - permanent place of abode - where primary judge found that the taxpayer was a "resident or resident of Australia" as defined in s 6 of the Income Tax Assessment Act 1936 (Cth) - where primary judge found that rented accommodation for a temporary purpose did not constitute a "permanent place of abode" - whether "permanent place of abode" should be construed by reference to a specific permanent dwelling or a geographic location TAXATION -…
Status of Appeal to High Court -
Sep 2019: HCA special leave application refused with costs
21 Feb 2019
: Rao v Minister for Immigration and Border Protection [2019] FCA 199
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 student visa application - whether primary judge's reasoning lacked evident justification - where no jurisdictional error of law identified
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 164
21 Feb 2019
: ALJ17 v Minister for Home Affairs [2019] FCA 207
Kenny J
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for review of a decision of the Immigration Assessment Authority - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 144
20 Feb 2019
: Kumar v Minister for Immigration and Border Protection [2019] FCA 162
Yates J
MIGRATION - appeal from judgment of Federal Circuit Court - cancellation of student visa - where decision to grant the visa to the appellant was based on spousal relationship with primary visa holder - where spousal relationship had ceased to exist - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 163
20 Feb 2019
: DOP17 v Minister for Immigration and Border Protection [2019] FCA 129
Steward J
MIGRATION - application for extension of time and 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 Immigration Assessment Authority affirming a refusal of a Safe Haven Enterprise visa application - whether Authority erred in assessing the risk of harm based upon a finding that the applicant could avoid harm from extortion by making a payment of money - whether…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 143
18 Feb 2019
: EZF17 v Minister for Home Affairs [2019] FCA 236
Gleeson J
MIGRATION - appeal from the Federal Circuit Court of Australia - where fear for a prescribed reason not identified - where no appellable error identified - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 174
15 Feb 2019
: CEW16 v Minister for Immigration and Border Protection [2019] FCA 224
McKerracher J
MIGRATION - appeal from the Federal Circuit Court - no jurisdictional error found by the primary judge - where new grounds were advanced before the Federal Court - where the new grounds lack sufficient merit for leave to be granted Held: appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 160
15 Feb 2019
: BVV16 v Minister for Home Affairs [2019] FCA 137
Derrington J
MIGRATION - appeal from application to review decision of Administrative Appeals Tribunal - appellant asserted a lack of procedural fairness without particulars - appellant unable to demonstrate any such lack of fairness - appellants grounds no more than complaints about findings of fact made by Tribunal as to his lack of credibility - no jurisdictional error in Tribunal's decision
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 172
15 Feb 2019
: Kaur v Minister for Immigration and Border Protection [2019] FCA 212
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 primary judge found visa application not vitiated by the fraud of migration agent - whether jurisdictional error - held: no jurisdictional error - application dismissed
Status of Appeal to High Court -
Nov 2019: HCA special leave application refused with costs
15 Feb 2019
: Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25
Rares, McKerracher and Robertson JJ
(
365 ALR 233 ; 264 FCR 174
)
ADMINISTRATIVE LAW - coronial inquest by the Chief Coroner of the Australian Capital Territory - where summary criminal proceedings brought by Comcare in the Magistrates Court of the Australian Capital Territory against the appellant and the Commonwealth of Australia under the Work Health and Safety Act 2011 (Cth) - where subpoena issued to an employee of the appellant, Captain Lomas, to give evidence at the hearing in the inquest - where overlap between the topics on which…
Status of Appeal to High Court -
Jun 2019: HCA special leave application granted on conditions [2019] HCATrans 131
14 Feb 2019
: SZKDL v Minister for Home Affairs [2019] FCA 181
McKerracher J
MIGRATION - protection visa application - appeal from an application for judicial review of a decision of the Administrative Appeals Tribunal - where no jurisdictional error in Tribunal's decision - no appellable error by the primary judge Held: appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 158
14 Feb 2019
: BLG15 v Minister for Immigration and Border Protection [2019] FCA 332
Logan J
MIGRATION - appeal from Federal Circuit Court - whether Refugee Review Tribunal decision was illogical or irrational - procedural fairness - standard of interpretation - where Tribunal Member had personal knowledge of Arabic - obligation to disclose.
Status of Appeal to High Court -
Jun 2019: HCA special leave application dismissed [2019] HCASL 197
14 Feb 2019
: DTL16 v Minister for Home Affairs [2019] FCA 125
Derrington J
MIGRATION - appeal from judicial review of decision of delegate not to grant applicant a protection visa - whether the Tribunal properly considered the applicant's claim that he is a stateless Rohingya - whether it was reasonably open to the Tribunal not to accept applicant to be a credible witness - whether leave should be granted to in respect of ground not raised below - whether appeal should be allowed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 171
14 Feb 2019
: Baig v Minister for Immigration and Border Protection [2019] FCA 204
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 application for visas not accompanied by evidence that the first appellant had achieved the minimum specified score in a specified English language test within the three years before the day on which the application was made - whether jurisdictional error - held: no jurisdictional error - application dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 173
13 Feb 2019
: Nehrupandiyan v Minister for Immigration and Border Protection [2019] FCA 123
Yates J
MIGRATION - application for student visa - where applicant was not enrolled in a course of study - where Tribunal does not have the discretionary power to dispense with mandatory visa requirements - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 161
13 Feb 2019
: AGI18 v Minister for Home Affairs [2019] FCA 119
Robertson J
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 162
13 Feb 2019
: DPB16 v Minister for Immigration and Border Protection [2019] FCA 121
Robertson J
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 157
12 Feb 2019
: FOF17 v Minister for Immigration and Border Protection [2019] FCA 100
Wheelahan J
(
163 ALD 573
)
MIGRATION - appeal from the Federal Circuit Court - new information provided to the Immigration Assessment Authority - failure to disclose source of new information - source of information relevant to information's credibility - no error in primary judge's reasons - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 140
12 Feb 2019
: DBR16 v Minister for Home Affairs [2019] FCA 101
Wheelahan J
MIGRATION - appeal from the Federal Circuit Court - new information - whether failure by the Immigration Assessment Authority to consider material - no error in primary judge's reasons - appeal dismissed.
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 142
12 Feb 2019
: SZWCB v Minister for Immigration and Border Protection [2019] FCA 139
Thawley J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Refugee Review Tribunal - whether Tribunal erred in failing to give particulars of certain information to the appellant pursuant to Migration Act 1958 (Cth) s 424AA or s 424A - whether Tribunal erred in its assessment of country information by reference to "Ministerial Direction No 65 - Consideration of Protection Visa applications"…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 141
11 Feb 2019
: BSY16 v Minister for Home Affairs [2019] FCA 140
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 the Federal Circuit Court failed to consider all grounds raised by the appellant - whether the appellant was denied procedural fairness - whether the Tribunal failed to give reasons for its reliance on particular country information PRACTICE AND PROCEDURE - application for an…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 136
8 Feb 2019
: DKX17 v Federal Circuit Court of Australia [2019] FCAFC 10
Reeves, Rangiah and Bromwich JJ
(
268 FCR 64
)
MIGRATION - appeals against primary judge's dismissal of applications for certiorari and mandamus directed to Federal Circuit Court - where Federal Circuit Court refused adjournment and dismissed applications for extensions of time - whether refusal to grant adjournment was unreasonable - whether appellants were denied procedural fairness - whether Federal Circuit Court overlooked clearly arguable jurisdictional errors - whether misunderstanding a relevant fact was a…
Status of Appeal to High Court -
Feb 2020: HCA special leave application dismissed with costs [2020] HCASL 37
8 Feb 2019
: Hocking v Director-General of the National Archives of Australia [2019] FCAFC 12
Allsop CJ, Flick and Robertson JJ
(
366 ALR 247 ; 264 FCR 1
)
ADMINISTRATIVE LAW - applicant sought access under the Archives Act 1983 (Cth) (the Act) to records, being the originals of correspondence received by, and contemporaneously made copies of correspondence sent by, the former Governor-General, Sir John Kerr, or his Official Secretary, to and from The Queen by means of Her Private Secretary - whether those records a "Commonwealth record", being records that were the property of the Commonwealth, such that public access to them…
Status of Appeal to High Court -
Aug 2019: HCA special leave application granted [2019] HCATrans 160
7 Feb 2019
: Kaur v Minister for Immigration and Border Protection [2019] FCA 164
Lee J
MIGRATION - Other Family (Residence) (Class BU) Carer visa application - whether criteria for grant of visa met - r 1.15AA(1)(f) of the Migration Regulations 1994 (Cth) - primary judge rejected material from the appellant as irrelevant - whether such rejection amounted to recognisable error - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 139
7 Feb 2019
: Singh v Minister for Immigration and Border Protection [2019] FCA 158
O'Callaghan J
MIGRATION - appeal from Federal Circuit Court dismissing application for judicial review - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 134
7 Feb 2019
: Singh v Minister for Immigration and Border Protection [2019] FCA 141
White J
MIGRATION - appeal from the Federal Circuit Court - whether the Australian Study Requirement for a Graduate Work Stream visa was met - whether misapprehension by the Appellants regarding the primary criteria for the visa stemming from an alleged mistake by their migration agent gave rise to jurisdictional error - whether an error by the Tribunal in finding that the First Appellant did not satisfy the skills requirement amounted to jurisdictional error. Held: The…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 166
7 Feb 2019
: Hundal v Minister for Immigration and Border Protection [2019] FCA 142
White J
MIGRATION - appeal against dismissal of application for judicial review in the Federal Circuit Court (FCC) of a decision by the Administrative Appeals Tribunal (the Tribunal) refusing the Appellant a Student visa - Appellant sought six month adjournment of the hearing so as to seek help from an overseas advocate and on the basis of his own health - Appellant has sought multiple adjournments previously in the FCC and in the Tribunal on the grounds of health - grounds of…
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 152
6 Feb 2019
: Singh v Minister of Home Affairs [2019] FCA 88
Nicholas J
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 170
5 Feb 2019
: Romanov v Minister for Home Affairs [2019] FCAFC 13
Flick, Bromwich and Lee JJ
MIGRATION - application for judicial review of decision of Federal Court to affirm decision of delegate
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 147
4 Feb 2019
: MZAGN v Minister for Home Affairs [2019] FCA 146
Rares J
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 154
31 Jan 2019
: API16 v Minister for Immigration and Border Protection [2019] FCA 48
Gleeson J
MIGRATION - appeal from decision of Federal Circuit Court of Australia to dismiss application for review of decision of Administrative Appeals Tribunal affirming decision not to grant appellant protection visa - whether denial of procedural fairness by Tribunal's conduct of hearing - whether Tribunal biased - whether Tribunal failed to have regard to a relevant consideration - whether credibility finding unreasonable - no jurisdictional or appellable error established -…
Status of Appeal to High Court -
Apr 2019: HCA special leave application dismissed [2019] HCASL 97
29 Jan 2019
: Nichia Corporation v Arrow Electronics Australia Pty Ltd [2019] FCAFC 2
Besanko, Jagot and Nicholas JJ
PATENTS - construction - patent claimed light emitting device which "contains fluorescent material represented by a general formula" - whether "contains" used inclusively or exhaustively - primary judge's construction preferable - appeal dismissed. PATENTS - obviousness - inventive step - primary judge's findings of fact demonstrated no inventive step - claimed invention was obvious - cross-appeal allowed
Status of Appeal to High Court -
Aug 2019: HCA special leave application dismissed with costs [2019] HCASL 221
29 Jan 2019
: Commissioner of Taxation v BHP Billiton Limited [2019] FCAFC 4
Allsop CJ, Davies and Thawley JJ
(
366 ALR 206 ; 134 ACSR 550 ; 263 FCR 334
)
TAXATION - appeal from Administrative Appeals Tribunal - where respondent (Ltd) is part of a dual-listed company arrangement with a non-resident company (Plc) - where third company (BMAG) is a controlled foreign company of Ltd for the purposes of Part X of the Income Tax Assessment Act 1936 (Cth) - where BMAG derived income offshore from the sale of commodities it purchased from Plc's Australian entities - whether that income of BMAG was "tainted sales income" to be included …
Status of Appeal to High Court -
May 2019: HCA special leave application granted [2019] HCATrans 93
18 Jan 2019
: BCF16 v Minister for Immigration and Border Protection [2019] FCA 19
Charlesworth J
MIGRATION - protection visa - whether Tribunal failed to consider and assess an essential integer of the appellant's claims - whether Tribunal misapplied complementary protection criterion - application to raise additional argument on appeal not raised in judicial review proceedings before primary judge - proposed new ground asserting mental incapacity at time of Tribunal hearing - proposed new ground having no reasonable prospect of success - appeal dismissed
Status of Appeal to High Court -
May 2019: HCA special leave application dismissed [2019] HCASL 179
18 Jan 2019
: CJD16 v Minister for Immigration and Border Protection [2019] FCA 20
Charlesworth J
MIGRATION - appeal from judgment dismissing application for judicial review of a decision of the Immigration Assessment Authority - Authority affirming a decision to refuse to grant the appellant a protection visa - Authority finding the appellant had been subject to periodic detention and questioning - Authority finding appellant had been subject to threats of physical assault but not in fact assaulted - Authority finding appellant may experience like events if returned to…
Status of Appeal to High Court -
Apr 2019: HCA special leave application dismissed [2019] HCASL 107
10 Jan 2019
: CYO16 v Minister for Immigration and Border Protection [2019] FCA 2
Farrell J
MIGRATION - Safe Haven Enterprise visa (SHEV) - appeal from the Federal Circuit Court of Australia - Federal Circuit Court dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister for Immigration and Border Protection to refuse the appellant a SHEV - where appellant seeks leave to rely on ground in draft notice of appeal - whether proposed ground was raised in the proceedings in the…
Status of Appeal to High Court -
Apr 2019: HCA special leave application dismissed [2019] HCASL 105
