PRACTICE AND PROCEDURE - migration appeals not the Galápagos Islands existing apart from the practice and procedure requirements relating to applications for leave
MIGRATION - application for extension of time for leave to appeal -- requirement to consider substantial, clearly articulated arguments - extension granted but application for leave to appeal dismissed
BXU16 v Minister for Immigration and Border Protection [2018] FCA 1897
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Sidhu v Minister for Immigration and Border Protection [2018] FCA 1829
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Mahrous v Minister for Immigration and Border Protection [2018] FCA 1876
MIGRATION - appeal from Federal Circuit Court of Australia decision to dismiss application for review of Administrative Appeals Tribunal decision to affirm decision to refuse appellant a partner visa - whether Tribunal erred in finding no "compelling reasons" existed for not applying Migration Regulations 1994 (Cth) Sch 3 criterion 3001 - no appellable or jurisdictional error identified - appeal dismissed
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Gauchan v Minister for Home Affairs [2018] FCA 1875
MIGRATION - appeal from Federal Circuit Court of Australia decision to dismiss application for review of Administrative Appeals Tribunal decision to affirm decision to refuse appellant a partner visa - whether Tribunal erred in finding no "compelling reasons" existed for not applying Migration Regulations 1994 (Cth) Sch 3 criterion 3001 - no appellable or jurisdictional error identified - appeal dismissed
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DHR17 v Minister for Home Affairs [2018] FCA 1907
PRACTICE AND PROCEDURE - appellant seeking to raise arguments on appeal not raised before primary judge - appellant previously represented - no explanation provided for omitting to raise arguments previously - leave to rely on proposed new arguments refused
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Drury on behalf of the Nanda People v State of Western Australia [2018] FCA 1849
NATIVE TITLE - consent determination - agreement of the parties - requirements of ss 87 and 87A of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders
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Huang v Minister for Immigration and Border Protection [2018] FCA 1911
MIGRATION - application for an extension of time to apply for medical visa - where visa applied for approximately six years out of time - where regulations prescribe 28 day period to lodge application - application dismissed
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ALI15 v Minister for Immigration and Border Protection [2018] FCA 1758
MIGRATION - appeal from decision of Federal Circuit Court - claim for Protection visa - whether any jurisdictional error by Tribunal - whether Tribunal correctly appreciated and addressed the integers of Protection visa claim made - where Tribunal correctly apprehended and addressed integers but not satisfied with respect to those integers. Held - appeal dismissed.
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Matar v Minister for Home Affairs [2018] FCA 1917
MIGRATION - application for an extension of time and leave to appeal - where the applicant's application for a visitor visa was invalid under s 48 of the Migration Act 1958 (Cth) - where the application before this Court turned on the merits of the grounds of appeal sought to be raised - no jurisdictional error
Held: application dismissed
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BDY16 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1881
MIGRATION - application for protection visa - claims not accepted by Administrative Appeals Tribunal - no jurisdictional error found by Federal Circuit Court - where appellant sought to raise new grounds in appeal - grounds lacked merit - appeal dismissed
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CPW15 v Minister for Home Affairs [2018] FCA 1919
MIGRATION - protection visa applications - appeal from the Federal Circuit Court of Australia - where the primary judge concluded the appellants' son should not be joined as a party - where the primary judge concluded the application sought impermissible merits review - consideration of duties owed to accord procedural fairness
Held: appeal dismissed
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Stevens v Repatriation Commission [2018] FCA 1866
DEFENCE AND WAR - veterans' entitlement - repatriation pension - whether incapacity arising from war-caused injury or disease - veteran suffering from post-traumatic stress disorder ("PTSD") - whether veterans' service in Vung Tau harbour and waters off Vietnam resulted in war-caused PTSD or its worsening for the purposes of the Veteran's Entitlements Act 1986 (Cth) - whether Tribunal had erred in law in application of standard of proof and applicable Statement of Principles. Held - Administrative Appeals Tribunal decision affirmed.
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ANC18 v Minister for Home Affairs [2018] FCA 1878
MIGRATION - appeal from decision of Federal Circuit Court - where respondents had refused protection visa to appellant - whether error in Federal Circuit Court's refusal to grant adjournment - whether denial of procedural fairness - whether apprehended bias - appeal dismissed.
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Bilawal v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1920
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Ali v Minister for Home Affairs [2018] FCA 1895
MIGRATION - application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate of first respondent to refuse to revoke decision to cancel applicant's visa - whether Tribunal misconstrued Direction No. 65 by misconstruing [14.2(1)], by incorrectly relying upon a "balance of probabilities" standard, by erroneously assessing expectations of the Australian community, or in erroneously expressing its final conclusions - whether decision of Tribunal was infected by jurisdictional error by reason of legal unreasonableness - held: both grounds of review must fail - held: application dismissed
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AQP16 v Minister for Immigration and Border Protection [2018] FCA 1880
MIGRATION - appeal from orders of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where ground of appeal regarding purported error of the Tribunal not raised in the Court below - held: appeal dismissed
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BGH16 v Minister for Immigration and Border Protection [2018] FCA 1883
MIGRATION - appeal from orders of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where Tribunal declined to enquire as to the authenticity of an arrest warrant - whether that constituted a jurisdictional error by failure to perform the review task required by making an obvious enquiry about a critical fact the existence of which could have easily been ascertained - held: appeal dismissed
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DNX16 v Minister for Immigration and Border Protection [2018] FCA 1896
MIGRATION - application for extension of time to file application for leave to appeal - whether application should succeed where proposed grounds of appeal lack reasonable prospect of success - held: proposed grounds of appeal lack reasonable prospect of success at impressionistic level - held: extension of time refused and application for leave to appeal dismissed
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Macras v Nulis Nominees (Australia) Limited [2018] FCA 1867
ADMINISTRATIVE LAW -appeal from a decision of the Superannuation Complaints Tribunal - scope of jurisdiction under s 46(1) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) - where trustee held insurance policy on behalf of applicant - where policy had exclusion for non-disclosed pre-existing conditions - where insurer sought access to further medical information before determining applicant's entitlement under the policy - where trustee decided not to make payment to applicant until insurer determined applicant's entitlement - where Tribunal found decisions were "fair and reasonable in the circumstances" - where insurer had the right under the policy to ask for further information - where open to Tribunal to find there was evidence to support insurer's position that it needed further information - scope of matters relevant to Tribunal's assessment of fairness and reasonableness - no error of law disclosed in Tribunal's reasons
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Gill v Minister for Home Affairs [2018] FCA 1921
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