Special Leave Applications to the High Court - 2022 Judgments
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
