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Lastest Judgments from the Federal Court

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    MIGRATION - appeal from judgment of the Federal Circuit Court of Australia dismissing an application for judicial review of decision of the Immigration Assessment Authority - application for an adjournment of the appeal refused

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    MIGRATION - criteria for visa to be fulfilled at time of application - visa application not accompanied by evidence the applicant had satisfactorily completed English competency test - visa applicant later furnishing evidence - Administrative Appeals Tribunal rejecting evidence - visa refused - no jurisdictional error

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    MIGRATION - appeal from an order made by the Federal Circuit Court of Australia (the FCCA) - whether appellant's application for judicial review in relation to a decision of the Immigration Assessment Authority (the Authority) should be dismissed - where existing grounds of appeal abandoned - whether appellant should be granted leave to file an amended notice of appeal - whether appellant should be granted leave to raise a ground of judicial review that had not been raised in the FCCA - where new ground of appeal is quite unrelated to the matters raised before the FCCA - where explanation for change in approach not expressly identified - whether new ground of judicial review is correct and appellant's pursuit of new ground of judicial review is expedient in the interests of justice MIGRATION - where new ground of judicial review involves a consideration of the Authority's examination of country information which deals with societal discrimination against certain ethnic groups in Sri Lanka and how it impacts (assuming it exists) on Tamils in particular - whether Authority's failure to seek further country information was legally unreasonable - whether Authority should have sought further country information - consideration of the statutory power in Part 7AA, s 473DC of the Migration Act 1958 (Cth) - whether appellant has established legal unreasonableness

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    MIGRATION - appeal from orders made by the Federal Circuit Court of Australia (the FCCA) - where FCCA made an order refusing the appellant's application for leave to amend an application for judicial review and an order dismissing the appellant's application for judicial review - where five grounds of appeal - whether Administrative Appeals Tribunal (the Tribunal) failed to consider whether the parties satisfied s 5F of the Migration Act 1958 (Cth) - whether Tribunal denied the appellant procedural fairness in acting on an invalid certificate under s 375A of the Migration Act - whether Tribunal misconstrued Public Interest Criterion 4020 in Schedule 4 of the Migration Regulations 1994 (Cth) and, in particular, it had asked itself the wrong question - whether Tribunal failed to address whether his relationship with the sponsor satisfied the requirements of the Migration Act - whether decision of the primary judge not to allow the appellant to raise as a ground of judicial review a complaint that the Tribunal erred in failing to consider the fraud perpetrated on the appellant as a compelling and compassionate circumstance

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    PATENTS - application to amend patent - whether proposed amendments allowable under section 102 of the Patents Act 1990 (Cth) - scope of claim not broadened - application allowed.

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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 - application to review decision by Minister to cancel visa under s 501(2) of the Migration Act 1958 (Cth) - where Tribunal had found in 2012 that power should not be exercised - where Minister relied upon same offending to conclude that there was a suspicion and satisfaction that the applicant did not pass the character test and therefore power under s 501(2) to cancel the applicant's visa - where only offending since decision of Tribunal in 2012 had been driving without a licence and driving an unlicensed vehicle - whether power under s 501(2) was enlivened - held that power under s 501(2) not enlivened unless there was new material to support suspicion and satisfaction that applicant did not pass character test - application upheld and orders made for release of applicant from immigration detention

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    CONSUMER LAW - admitted contraventions of consumer law by real estate agents regarding the advertising of properties for sale on the internet - underquoting of prices to potential purchasers including through use of "blind pricing" - whether orders proposed by consent appropriate in the circumstances - some amendments to proposed orders necessary - appropriate form of declaratory relief - some amendments necessary - pecuniary penalties - compliance program - public notice - costs

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    MIGRATION - application for protection visa - review of Refugee Review Tribunal decision - refusal to grant visa - no error in Tribunal's decision ADMINISTRATIVE LAW - allegation that the Tribunal's decision affected by jurisdictional error by reason that it was unreasonable or illogical and was based on a failure to consider all claims made by the applicants - no error shown - appeal dismissed

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    SOCIAL SECURITY - application for an extension of time to appeal from decision of single Federal Court judge - where primary judge had refused extension of time to appeal from a decision of the AAT which had itself refused an extension of time to bring a proceeding brought one year out of time - whether discretion should be exercised in circumstances - finding that there are no merits in the four proposed grounds of appeal - application dismissed

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    CONSUMER LAW - misleading or deceptive conduct - contraventions of ss 18, 29(1)(f), 29(1)(g), 34 and 37 of the Australian Consumer Law (being Sch 2 to the Competition and Consumer Act 2010 (Cth)) arising out of respondents' promotion and conduct of real estate investment seminar business found - enforcement and remedies - declarations - pecuniary penalties - disqualification order - compliance program - corrective advertising and adverse publicity order - findings of fact order

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    MIGRATION - review of Minister's decision - where Minister cancelled visa under s 501A(2) of the Migration Act 1958 (Cth) - where Australia had non-refoulement obligations in respect of applicant - where applicant failed the character test - whether Minister gave proper, genuine and realistic consideration to whether it was in national interest to cancel visa because of possibility that applicant might reoffend despite the provisions of s 197C - whether Minister could consider non-refoulement obligations after cancelling visa as an "alternative management option" - whether Minister understood legal consequences of his decision STATUTORY INTERPRETATION - Minister's power to cancel visa if satisfied cancellation in national interest - Migration Act 1958 (Cth) s 501A(2) - non-compellable powers of the Minister to grant visa under ss 48B and 195A or make residence determination under s 197AB if satisfied in public interest - factors to which decision-maker must have regard in deciding to cancel visa where effect is that person in respect of whom Australia has non-refoulement obligations will be subject to removal as soon as reasonably practicable under s 198 without regard to those obligations by force of s 197C - where s 197C requires disregard of any non-refoulement obligations - whether Minister could defer consideration of non-refoulement until after revoking visa

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    INSURANCE - transfer of all insurance business from one insurer to another - application for confirmation of transfer scheme pursuant to s 17F of the Insurance Act 1973 (Cth) - scheme will not detrimentally affect policyholders in a material way - scheme confirmed

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    MIGRATION - protection visa - refusal - new grounds advanced on appeal - whether explanation for failure to advance grounds before the Federal Circuit Court - whether grounds have any merit warranting the grant of leave to amend ADMINISTRATIVE LAW - allegation that the Tribunal's decision affected by jurisdictional error - alleged failure to consider argument implicitly advanced - whether argument clearly articulated relying on established facts - held no argument raised

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    MIGRATION - application for review of decision to cancel Class WR Subclass 070 Bridging (Removal Pending) visa under s 501BA(2) of the Migration Act 1958 (Cth) - state of satisfaction that cancellation is in the national interest a jurisdictional fact - Minister had lawful conception of national interest - Minister's weighting of national interest considerations was reasonable - application dismissed

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    MIGRATION - appeal from judgments of Federal Circuit Court of Australia - whether primary judge erred in dismissing application that he disqualify himself on the ground of reasonable apprehension of bias - whether primary judge erred in refusing an application that the hearing date be vacated PRACTICE AND PROCEDURE - procedure to be adopted where appeal grounds include not only that the primary judge erred in not disqualifying himself on the ground of reasonable apprehension of bias and in refusing an application to vacate the hearing date, but also substantive grounds

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    MIGRATION - appeal from single judge of the Federal Court - where Minister decided not to revoke a decision to cancel the respondent's protection visa - judicial review of the Minister's decision - where respondent was granted protection visa as a member of child's family unit - where it was not determined if respondent is owed protection obligations in his own right - whether Minister's finding that Australia does not owe non-refoulement obligations to respondent was supported by any evidence - appeal dismissed

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    MIGRATION - appeal from decision of the Federal Circuit Court - where Tribunal held that it had no jurisdiction to hear the appellant's application from the Minister's delegate's decision because the application was made out of time - where the appellant argued that he had not been given notice of the delegate's decision in accordance with s 66 of the Migration Act 1958 (Cth) - where the appellant's application was combined with his mother's application - where a letter giving notice of the refusal of the visa application was addressed to the appellant's mother - whether the appellant was sufficiently notified of the Minister's decision

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older | 1 | .... | 281 | 282 | (Page 283) | 284 | 285 | .... | 304 | newer