Special Leave Applications to the High Court

29 Jul 2024:   JNMK v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 829
JACKSON J     
MIGRATION - appeal - delegate of Minister refused to grant protection visa - appeal on new ground not raised before primary judge - interpretation of Direction 79 - whether decision illogical, irrational, or legally unreasonable - whether decision failed to give proper, genuine, and realistic consideration to significant matter - no jurisdictional error found - appeal dismissed

Status of Appeal to High Court - 6 March 2025: HCA - Special leave refused [2025] HCADisp 22

2 May 2024:   Yushkova v Johnston (Trustee) in the matter of bankrupt estate of King [2024] FCA 454
LOGAN J     
BANKRUPTCY AND INSOLVENCY - where the appellant appeals from a decision of the Federal Circuit Court of Australia (Circuit Court), as it then was, concerning the interest of a bankrupt in real property jointly owned by her and the bankrupt - where the appellant alleges that the bankrupt had no beneficial interest in the real property - whether the primary judge erred in determining that the bankrupt had a legal and beneficial interest in the real property - appeal dismissed…

Status of Appeal to High Court - 5 September 2024: HCA - Special leave refused [2024] HCASL 215

5 Mar 2024:   DTJ22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 263
LEE J     
MIGRATION - appeal from a decision of a single judge of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of the second respondent's (Tribunal) decision - where Tribunal affirmed decision of the first respondent (Minister) to refuse a protection visa application lodged by the appellant - whether the primary judge erred in failing to find that the decision of the Tribunal was legally unreasonable - principles of legal…

Status of Appeal to High Court - 8 August 2024: HCA - Special leave refused with costs [2024] HCASL 185

31 Aug 2023:   BOY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1040
JACKMAN J     
MIGRATION - appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) affirming the decision of a delegate of the Minister refusing to grant the appellant a Protection (Class XA) Visa - whether the primary judge erred by failing to find jurisdiction error by the Tribunal - unnecessary to make a specific finding as to a matter subsumed in a finding of greater generality -…

Status of Appeal to High Court - 8 February 2024: HCA - Special leave application refused [2024] HCASL 2

30 Jun 2023:   Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Antoon [2023] FCA 717
WIGNEY J     (298 FCR 400)
MIGRATION - appeal from primary judge's decision in Federal Circuit Court quashing decision of Administrative Appeals Tribunal to affirm refusal of partner visa - whether Tribunal's failure to comply with s 359A of the Migration Act 1958 (Cth) amounts to jurisdictional error - whether failure to comply with s 359A was material to Tribunal's decision - whether primary judge erred by not refusing relief on discretionary grounds where breach was not material to Tribunal's…

Status of Appeal to High Court - 9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 172

30 Aug 2023:   Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020
WIGNEY J     
TORTS - false imprisonment - where applicant imprisoned for contempt in matrimonial proceeding in Federal Circuit Court of Australia for purported non-compliance with disclosure orders - where judge's contempt declaration and imprisonment orders were set aside for invalidity - consideration of whether imprisonment order was valid until set aside and provided lawful justification for imprisonment - consideration of whether the judge exercised superior court powers to punish…

Status of Appeal to High Court - 8 February 2024: HCA - Transferred to the High Court of Australia [2024 HCASL 23, [2024] HCASL 24 and [2024] HCASL 25

29 Nov 2023:   Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1495
HESPE J     
MIGRATION - application to appeal from judgment of Federal Circuit Court - where Tribunal made an error in referring to a "s.359A letter" - whether that error was jurisdictional

Status of Appeal to High Court - 9 May 2024: HCA - Special leave application refused [2024] HCASL 130

20 Apr 2023:   Salma v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 356
BURLEY J     
MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of the decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister to refuse to grant the appellants temporary graduate visas - temporary graduate visas - application of Public Interest Criterion 4005 - whether primary judge erred in not finding that the decision of the Tribunal was affected by jurisdictional error…

Status of Appeal to High Court - 9 May 2024: HCA - Special leave application refused [2024] HCASL 149

19 Dec 2023:   CCL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1620
DERRINGTON J     
MIGRATION - determination by Immigration Assessment Authority not to grant Safe Haven Enterprise visa - whether material error arising from erroneous application of Migration Act 1958 (Cth) s 473DD - whether Authority conducted de novo review to extent required in circumstances where appellant relied on claims made by uncle in separate visa application - consideration of principles regarding scope of de novo review to be conducted by Authority - whether Secretary of…

Status of Appeal to High Court - 9 May 2024: HCA - Special leave application refused with costs [2024] HCASL 135

16 Jun 2023:   Al-Dmoor v Minister for Immigration Citizenship and Multicultural Affairs [2023] FCA 663
BROMWICH J     
MIGRATION: appeal from orders made by a judge of the (former) Federal Circuit Court of Australia, dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal affirmed a decision of the Minister's delegate to refuse to grant the appellant a student visa - where each of the grounds of appeal advanced are in substance the same as the grounds of review considered by the primary judge - whether the primary judge erred by …

Status of Appeal to High Court - 12 October 2023: HCA - Special leave application dismissed [2023] HCASL 154

19 Dec 2023:   CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619
DERRINGTON J     
MIGRATION - determination by Immigration Assessment Authority not to grant Safe Haven Enterprise visa - whether material error arising from erroneous application of Migration Act 1958 (Cth) s 473DD - whether Authority conducted de novo review to extent required in circumstances where appellant relied on claims made by uncle in separate visa application - consideration of principles regarding scope of de novo review to be conducted by Authority - whether Secretary of…

Status of Appeal to High Court - 9 May 2024: HCA - Special leave application refused with costs [2024] HCASL 134

16 May 2023:   BCK21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 475
ABRAHAM J     
MIGRATION - judicial review - application for protection visa - appeal from decision of Federal Circuit and Family Court to affirm decision of Administrative Appeals Tribunal - where primary judge found no error by Tribunal considering medical evidence - where primary judge found any error would not be material - whether primary judge erred. HELD - appeal dismissed - no jurisdictional error by the primary judge established.

Status of Appeal to High Court - 7 March 2024: HCA - Special leave application refused [2024] HCASL 38

15 Sep 2023:   Guss v Larkfield Industrial Estates Pty Ltd [2023] FCA 1105
ROFE J     
BANKRUPTCY AND INSOLVENCY - appeal from Federal Circuit and Family Court of Australia - primary judge refused application to set aside bankruptcy notice - whether primary judge erred in finding that bankruptcy notice was not invalid on the ground of misstatement under s 41(5) of the Bankruptcy Act 1966 (Cth) - whether interlocutory costs orders are "costs of the proceeding" within the meaning of the County Court Civil Procedure Rules 2018 (Vic) - whether issuing bankruptcy…

Status of Appeal to High Court - 7 March 2024: HCA - Special leave application refused [2024] HCASL 30

13 Mar 2023:   BUB18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 212
NICHOLAS J     

Status of Appeal to High Court - 8 June 2023: HCA - Special leave application dismissed [2023] HCASL 89

13 Jun 2023:   Burrows v Macpherson and Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 622
JACKMAN J     
BANKRUPTCY AND INSOLVENCY - appeal against decision concerning application to set aside bankruptcy notice - whether application to set aside bankruptcy notice made in time - where application made more than 21 days from the date of delivery of bankruptcy notice to document exchange and last known address of person, but not more than 21 days from actual notice - construction of regulation 102 of the Bankruptcy Regulations 2021 (Cth) - no "contrary intention" in the Bankruptcy …

Status of Appeal to High Court - 9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 181

12 May 2023:   BDT17 v Minister for Immigration and Border Protection [2023] FCA 452
WIGNEY J     
MIGRATION -- Application for protection visa -- application refused by delegate of Minister for Immigration and Border Protection -- refusal affirmed by Immigration Assessment Authority decision -- judicial review of Authority's decision in Federal Circuit Court -- appeal from Circuit Court -- whether primary judge erred in finding that Authority did not fail to consider two elements of claim said to arise from visa application -- claims not articulated in or otherwise…

Status of Appeal to High Court - 9 November 2023: HCA - Special leave application dismissed with costs [2023] HCASL 174

11 May 2023:   CYH16 v Minister for Immigration and Border Protection [2023] FCA 453
ROFE J     
MIGRATION - appeal from Federal Circuit Court of Australia - application for extension of time in which to appeal from decision of Federal Circuit Court - application for extension of time allowed - where appellant sought to rely on two new grounds that were not relied upon in the Federal Circuit Court - whether leave should be granted to the appellant to rely on the new grounds - appeal dismissed

Status of Appeal to High Court - 7 September 2023: HCA - Special leave application dismissed with costs [2023] HCASL 127

5 May 2023:   Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 424
WHEELAHAN J     
MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - where the appellant had sought review of a decision of a delegate of the Minister to refuse to grant the appellant a temporary student visa - appellant raised 12 grounds of appeal - consideration of correct formulation of test for apprehended bias - appeal dismissed

Status of Appeal to High Court - 7 September 2023: HCA - Special leave application dismissed [2023] HCASL 120

6 Dec 2023:   Toogood v Gott [2023] FCA 1521
RANGIAH J     
APPEAL AND NEW TRIAL - whether the primary judge denied the appellants procedural fairness - whether the primary judge failed to provide adequate reasons for judgment BANKRUPTCY AND INSOLVENCY - whether creditor's petition had lapsed - whether creditor's petition invalid - whether bankruptcy notice invalid - whether appellants were solvent - whether primary judge erred in failing to go behind the judgment - whether petitioning creditors obtained benefit of legal costs paid…

Status of Appeal to High Court - 11 April 2024: HCA - Special leave application refused [2024] HCASL 77

5 Oct 2023:   EQU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1182
RAPER J     
MIGRATION - appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) affirming a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate not to grant a protection visa - whether the Tribunal made a finding that was illogical, irrational or not based on evidence - whether the Tribunal incorrectly applied s 423A of the Migration Act 1958 (Cth) - appeal dismissed

Status of Appeal to High Court - 8 February 2024: HCA - Special leave application refused with costs [2024] HCASL 17

2 May 2023:   BHG20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 391
ANDERSON J     
MIGRATION - Administrative Appeals Tribunal's affirmation of a decision of delegate of the first respondent to refuse to grant the appellant a Subclass XA-866 Permanent Protection visa - Appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing appellant's application for judicial review of Tribunal's decision - Whether Tribunal failed to consider allegedly corroborative evidence relevant to Appellant's claim - Where it is improbable…

Status of Appeal to High Court - 7 September 2023: HCA - Special leave application dismissed [2023] HCASL 131

30 Mar 2022:   AFB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 299
SNADEN J     
MIGRATION - applicant's visa cancelled on character grounds - applicant subsequently applied for protection visa - application for protection visa rejected by delegate of first respondent - application for review of delegate's decision before second respondent ("Tribunal") - Tribunal affirmed delegate's decision - application for judicial review of Tribunal decision before Federal Circuit Court of Australia ("FCCA") - application dismissed - appeal from FCCA judgment -…

Status of Appeal to High Court - 13 October 2022: HCA - Special leave application dismissed [2022] HCASL 169

24 May 2022:   Bibawi v Australian Human Rights Commission [2022] FCA 607
RANGIAH J     
HUMAN RIGHTS - Application for summary dismissal of appeal against dismissal of application for judicial review of decision by Australian Human Rights Commission - where appellant's "complaint" did not satisfy requirements of s 46P(1A) of the Australian Human Rights Commission Act 1986 (Cth) PRACTICE AND PROCEDURE - Application for summary judgment - where appeal has no reasonable prospects of success - appeal dismissed

Status of Appeal to High Court - 19 September 2022: HCA - Special leave application dismissed [2022] HCASL 151

23 Dec 2022:   Sayed v National Disability Insurance Agency (No 2) [2022] FCA 1591
O'BRYAN J     
PRACTICE AND PROCEDURE - application to recuse on the grounds of actual bias and apprehended bias - rulings made during first case management hearing - application dismissed

Status of Appeal to High Court - 13 April 2023: HCA - Special leave application dismissed [2023] HCASL 41

22 Nov 2022:   AWO21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1387
COLLIER J     
APPEAL - appeal from a decision of the Federal Circuit Court dismissing the appellant's application for judicial review - appellant sought judicial review of a decision of the Administrative Appeals Tribunal affirming the decision of the first respondent not to grant a protection visa - whereas the appellant contends he was not afforded procedural fairness and failure of the primary Judge to deal with all submissions - appellant was afforded procedural fairness- primary…

Status of Appeal to High Court - 20 April 2023: HCA - Special leave application dismissed [2023] HCASL 61

22 Apr 2022:   BRL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 434
LEE J     
MIGRATION - appeal from a decision of the primary judge to refuse to grant the appellant a protection visa - appellant citizen of India claiming fear of harm - where Tribunal made adverse credibility findings in respect of the appellant - appellant's claims found to be fabricated - no error identified by the primary judge - Delphic notice of appeal - no discernible error - appeal dismissed

Status of Appeal to High Court - 19 September 2022: HCA - Special leave application dismissed [2022] HCASL 154

20 May 2022:   AFG20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 585
CHEESEMAN J     
PRACTICE AND PROCEDURE - application for leave to rely upon proposed amended ground of appeal as set out in the appellant's outline of written submissions - where proposed amended ground of appeal opposed in part by the first respondent (Minister) - where proposed amended ground includes an argument not raised before the primary judge - where no explanation for failure to take the point in the Court below - where the Minister opposed leave being granted on the basis that the …

Status of Appeal to High Court - 13 October 2022: HCA - Special leave dismissed with costs [2022] HCASL 173

18 Feb 2022:   CMC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 121
ROFE J     
MIGRATION - appeal from judgment of the Federal Circuit Court of Australia - judicial review of a decision of the Administrative Appeals Tribunal affirming decision of the delegate not to grant a protection visa - whether Tribunal made findings without probative evidence - whether Tribunal took into account irrelevant matters - whether Tribunal failed to take into account probative evidence - findings regarding appellants' credibility - appeal dismissed

Status of Appeal to High Court - 18 August 2022: HCA - Special leave application dismissed with costs [2022] HCASL 132

15 Dec 2022:   GBY18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1517
MARKOVIC J     
MIGRATION - application for an extension of time to appeal from orders made by the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) - where the first respondent consents to the extension of time - application granted ; MIGRATION - appeal from orders made by the Federal Circuit Court dismissing an application for judicial review of a decision of the second respondent (Tribunal) - whether appellant denied procedural fairness - whether …

Status of Appeal to High Court - 13 April 2023: HCA - Special leave application dismissed [2023] HCASL 51

12 May 2022:   Saffari v Amazon.com Inc [2022] FCA 535
CHEESEMAN J     
PRACTICE AND PROCEDURE - service - where the application for leave to appeal in respect of two interlocutory decisions of the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) - where applicant is self-represented - where the first respondent (Amazon) is a foreign company based in the United States of America - where the second respondent, Jeffrey Bezos, one of 17 governors of Amazon, is outside the jurisdiction - where the applicant…

Status of Appeal to High Court - 19 September 2022: HCA - Special leave application dismissed [2022] HCASL 149

11 Nov 2022:   Dennis v Commonwealth Bank of Australia [2022] FCA 1338
COLLIER J     
APPEAL - appeal from a decision of the Federal Circuit Court granting summary judgment against the appellant - whereas the appellant contended that the respondent breached provisions of the National Consumer Credit Protection Act 2009 (Cth) (NCCPA) and Code of Banking Practice 2013 by declining to provide her with additional finance - appellant alleged bias on the part of the primary Judge only after reasons delivered - no bias on the part of the primary Judge demonstrated - …

Status of Appeal to High Court - 9 March 2023: HCA - Special leave application dismissed [2023] HCASL 13

14 Jun 2022:   Sino-Aus Motor Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 686
DOWNES J     
MIGRATION - application for approval of nomination of person to a position in Australia refused by delegate - applicant sought review and was invited by Administrative Appeals Tribunal to provide further information - invitation made pursuant to s 359(2) Migration Act 1958 (Cth) - invitation transmitted to email address of migration agent who was the applicant's authorised recipient within meaning of s 379G Migration Act 1958 (Cth) - invitation deemed by s 379C(5) Migration…

Status of Appeal to High Court - 10 November 2022: HCA - Special leave application dismissed with costs [2022] HCASL 192

11 Apr 2022:   BTQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 382
KENNY J     
MIGRATION - appeal from the Federal Circuit Court - whether the Administrative Appeals Tribunal failed to consider a clearly articulated claim - appeal dismissed

Status of Appeal to High Court - 19 September 2022: HCA - Special leave application dismissed [2022] HCASL 146

12 Jul 2022:   AVI17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 800
FARRELL J     
MIGRATION - appeal from the Federal Circuit Court of Australia - where FCCA Judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister to refuse the appellant a protection visa - failure to disclose a notification under s 438 of the Migration Act 1958 (Cth) (s 438 certificate) - whether failure to disclose deprived appellant of the possibility of a successful outcome so as to…

Status of Appeal to High Court - 13 October 2022: HCA - Special leave application dismissed [2022] HCASL 170

8 Apr 2022:   SZROL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 378
THAWLEY J     
MIGRATION - appeal from Federal Circuit Court of Australia decision dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a Delegate not to grant the applicant a protection visa - whether primary judge dealt adequately or at all with appeal grounds - inconsistencies in evidence - appeal dismissed

Status of Appeal to High Court - 18 August 2022: HCA - Special leave application dismissed [2022] HCASL 125

27 Oct 2022:   DCI16 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1284
O'CALLAGHAN J     
MIGRATION - appeal from decision refusing judicial review of Administrative Appeal Tribunal decision - appeal dismissed

Status of Appeal to High Court - 13 April 2023: HCA - Special leave application dismissed with costs [2023] HCASL 55

9 Dec 2022:   CVT19 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1482
STEWART J     
MIGRATION - protection visa - appeal from Federal Circuit Court's dismissal of review of Immigration Assessment Authority's decision to affirm delegate's decision not to grant protection visa - application for leave to file amended notice of appeal - where proposed new grounds of appeal lack merit - application for leave and appeal dismissed

Status of Appeal to High Court - 18 May 2023: HCA - Special leave application dismissed with costs [2023] HCASL 83

7 Feb 2022:   BSF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 61
GREENWOOD J     
MIGRATION - consideration of an application for leave to adduce fresh evidence on the appeal - consideration of an application for leave to amend a notice of appeal - consideration of the grounds of appeal as amended to the extent granted by leave

Status of Appeal to High Court - 18 August 2022: HCA - Special leave application dismissed [2022] HCASL 127

4 Feb 2022:   BBY21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 68
BROMWICH J     
MIGRATION - appeal from Federal Circuit Court of Australia (now Division 2 of the Federal Circuit and Family Court of Australia) - whether primary judge erred in assessing grounds of review from a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the first respondent to refuse the appellant a Protection (subclass 866) visa - where appellant previously convicted of drug trafficking in Australia - whether Tribunal erred in not being…

Status of Appeal to High Court - 16 June 2022: HCA - Special leave application dismissed [2022] HCASL 115

5 May 2022:   CGN17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 494
ANDERSON J     
MIGRATION - appeal from an order made by the Federal Circuit Court of Australia dismissing the Appellant's application for judicial review of a decision of Administrative Appeals Tribunal - whether the Federal Circuit Court was correct to conclude that the decision of the Tribunal was not affected by jurisdictional error - where the decision exhibits no jurisdictional error - appeal dismissed

Status of Appeal to High Court - 8 September 2022: HCA - Special leave application dismissed [2022] HCASL 136

4 Nov 2022:   Syed v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1316
RAPER J     
MIGRATION - application for Student (Temporary) (Class TU) visa - review of the Administrative Appeal Tribunal decision to affirm the decision of a delegate of the Minister to refuse to grant a student visa - whether the Tribunal denied the appellant procedural fairness and/or was legally unreasonable in failing to adjourn the Tribunal proceedings where the appellant made no request for an adjournment - appeal dismissed

Status of Appeal to High Court - 9 March 2023: HCA - Special leave application dismissed [2023] HCASL 14

17 May 2022:   EEE16 v Minister for Immigration, Citizenship, Migrant Services, Multicultural Affairs [2022] FCA 629
RARES J     
MIGRATION - application for constitutional writ relief - whether Immigration Assessment Authority failed to consider claim that visa applicant was political activist when claim not before it or delegate - whether Authority erred in making adverse credibility finding - whether Authority should have sought new information under ss 473DC and 473DD of Migration Act 1958 (Cth) - where Authority not asked to accept new information - where no exceptional circumstances existed -…

Status of Appeal to High Court - 15 December 2022: HCA - Special leave application dismissed [2022] HCASL 219

29 Apr 2022:   DJL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 451
ANASTASSIOU J     
MIGRATION - appeal from Federal Circuit Court of Australia - application for protection visa - whether Administrative Appeals Tribunal erred by making findings not open to it - whether Tribunal fell into jurisdictional error by acting legally unreasonably or illogically by failing to take into account relevant parts of country information - whether Tribunal fell into jurisdictional error by acting unreasonably in making finding that appellant had fabricated his claim -…

Status of Appeal to High Court - 19 September 2022: HCA - Special leave application dismissed with costs [2022] HCASL 167

1 Jun 2022:   CHB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 635
GREENWOOD J     
MIGRATION - consideration of the analytical method required to be adopted by the Immigration Assessment Authority ("IAA") when determining whether new information can be considered for the purposes of s 473DD of the Migration Act 1958 (Cth) (the "Act") when making a decision on a review of a fast track reviewable decision - consideration of the principles discussed by the majority at [6] [12] and the separate reasons of Edelman J at [23] and [24] in AUS17 v Minister for…

Status of Appeal to High Court - 13 October 2022: HCA - Special leave application dismissed with costs [2022] HCASL 181

1 Jun 2022:   CMP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 634
YATES J     
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority - application for a protection visa - whether Authority acted unreasonably in failing to get new information - whether Authority failed to consider whether to get new information - appeal dismissed

Status of Appeal to High Court - 13 October 2022: HCA - Special leave application dismissed with costs [2022] HCASL 182