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Lastest Judgments from the Federal Court

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    MIGRATION – application for extension of time to appeal –whether adequate reason provided for delay – whether proposed appeal meritorious

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    MIGRATION - application for extension of time and leave to appeal - whether adequate reason provided for delay - whether proposed appeal meritorious

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    MIGRATION - appeal from a decision of the Federal Circuit Court - whether appellant can advance grounds of appeal not pursued before primary judge - whether detention on return to Sri Lanka for having departed illegally would result in persecution - whether Tribunal assessed appellant's claims - whether Tribunal erred by failing to provide the appellant with clean particulars and acted in haste - appeal dismissed

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    PRACTICE AND PROCEDURE -- service of documents in a foreign country -- application for leave under r 10.43 of the Federal Court Rules 2011 (Cth) to serve originating application and statement of claim outside jurisdiction -- whether prima facie case for relief

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    MIGRATION - the applicant came to Australia as a child - the applicant was convicted of criminal offences - the applicant's refugee visa was cancelled by a delegate of the Minister for Immigration and Border Protection under s 501(3A) of the Migration Act 1958 (Cth) - a delegate of the Minister declined to revoke the cancellation of the applicant's refugee visa pursuant to s 501CA(4) of the Migration Act - the Administrative Appeals Tribunal upheld the delegate's decision - the applicant applied to this Court for judicial review of the Tribunal's non-revocation decision - whether the Tribunal fell into jurisdictional error.

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    BANKRUPTCY AND INSOLVENCY - whether to grant relief under Arts 20 and 21 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law ("Model Law"), as given force by s 6 of the Cross-Border Insolvency Act 2008 (Cth), and entrust applicant with bankrupt's assets in jurisdiction - whether to recognise Chilean bankruptcy as a "foreign proceeding" or "foreign main proceeding" pursuant to the Model Law - Chilean proceeding recognised as both a foreign proceeding and a foreign main proceeding - whether to recognise applicant as "foreign representative" - applicant recognised as "foreign representative" - relief granted under Arts 20 and 21 of the Model Law PRACTICE AND PROCEDURE - whether to release applicant from any Harman undertakings to permit use of information obtained in separate liquidation proceeding - applicant released as just to do so in circumstances

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    MIGRATION - appeal from judgment of the Federal Circuit Court - whether error demonstrated - application for protection visa - whether Tribunal's decision was illogical or irrational - whether Tribunal failed to assess and weigh the evidence in two letters - whether Tribunal failed to provide an opportunity to give evidence and make submissions

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    MIGRATION - Appeal from a decision of the Federal Circuit Court of Australia - Where appellant challenged Full Court of the Federal Court of Australia's decision in SZTAL v Minister for Immigration and Border Protection - Where appellant contended that there had been a failure to consider one of his claims - Whether primary judge erred in dismissing the appellant's application for judicial review - Appeal dismissed.

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    MIGRATION – application for judicial review of decision not to revoke decision to cancel applicant’s visa – visa cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) – whether Assistant Minister fell into jurisdictional error – where no jurisdictional error raised – where oral application for adjournment made in order to obtain legal representation – where pro bono certificate issued – application dismissed

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    NATIVE TITLE – consent determination under s 87 of the Native Title Act 1993 (Cth) that native title does not exist – considerations relevant to court finding such determination to be appropriate under s 87(1A)

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    MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - whether primary judge erred in failing to find that the Tribunal did not discharge its statutory obligation of review - whether Tribunal failed to satisfy itself that the appellant feared persecution for a convention reason - whether appellant would face a real risk of harm if returned to Sri Lanka - whether Tribunal failed to give proper, genuine and realistic consideration to an integer of claim apparent on the material before it - appeal allowed - decision quashed and review remitted for reconsideration according to law PRACTICE AND PROCEDURE - circumstances in which a court may grant leave to an appellant to rely on grounds of appeal not advanced in the court below - appellant unrepresented in court below - appeal proposed seeking to raise a "pure question of law" - opposition confined to merits - merits established - leave granted

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    MIGRATION - application for extension of time for leave to appeal decision of the Federal Circuit Court - fast-track reviewable decision -where delegate of Minister refused a Safe Haven Enterprise visa - where Immigration Assessment Authority affirmed decision of delegate - where IAA failed to consider applicant's claims and new information Held: extension of time refused and appeal dismissed

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    MIGRATION - application dismissed

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    MIGRATION - appeal from Federal Circuit Court - Protection (Class XA) visa - Tribunal overlooked important evidence given to delegate by applicant -jurisdictional error conceded during argument

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    MIGRATION - application dismissed

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    MIGRATION - Application for extension of time to appeal - no appearance - rule 36.74 of the Federal Court Rules - applicant overseas - application dismissed

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    MIGRATION - application dismissed

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    MIGRATION - Application for extension of time to appeal - Application dismissed.

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