Special Leave Applications to the High Court - 2023 Judgments
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
