Latest Judgments

Judgments are generally published within 24 hours of being made available by Judges' staff, often earlier. In cases of high media interest, we endeavour to publish judgments within 1 hour of being delivered by the Court.

If you cannot find a judgment, check Federal Law Search; it will  tell you the status of the matter before the Court, including whether a judgment has been delivered.


Today's published judgments

Migration
SZTQZ v Minister for Immigration and Border Protection [2017] FCA 282
MIGRATION - interlocutory application to amend notice of appeal - where Tribunal affirmed delegate's decision not to grant protection visa - where proposed ground of appeal focussed on Tribunal's alleged failure to consider letters said to corroborate appellant's claim - application of VUAX principles for considering interlocutory applications with fresh grounds of appeal.
23 Mar 2017 |  JESSUP J


Migration
BSO16 v Minister for Immigration and Border Protection [2017] FCA 294
MIGRATION - application for leave to appeal from an interlocutory decision of the Federal Circuit Court of Australia - whether decision attended by sufficient doubt to warrant grant of leave - application dismissed
22 Mar 2017 |  O'CALLAGHAN J


Migration
BEP16 v Minister for Immigration and Border Protection [2017] FCA 293
MIGRATION - application for leave to appeal from an interlocutory decision of the Federal Circuit Court of Australia - whether decision attended by sufficient doubt to warrant grant of leave - application dismissed
08 Mar 2017 |  O'CALLAGHAN J


Migration
APM16 v Minister for Immigration and Border Protection [2017] FCA 291
MIGRATION - application for leave to appeal from an interlocutory decision of the Federal Circuit Court of Australia - whether decision attended by sufficient doubt to warrant grant of leave - whether substantial injustice would result if leave refused - application for leave to appeal allowed
22 Mar 2017 |  O'CALLAGHAN J


Migration
AJE16 v Minister for Immigration and Border Protection [2017] FCA 290
MIGRATION - application for leave to appeal from an interlocutory decision of the Federal Circuit Court of Australia - whether decision attended by sufficient doubt to warrant grant of leave - application dismissed
22 Mar 2017 |  O'CALLAGHAN J


Administrative Law
Kumar v Secretary, Department of Social Services [2017] FCA 158
ADMINISTRATIVE LAW - eligibility for disability support pension - appellant suffered multiple work-related injuries leading him to cease employment - appeal from a decision of the Federal Circuit Court of Australia on questions of law - construction of s 94 of the Social Security Act 1991 (Cth) - where certain appeal grounds were not raised before the Federal Circuit Court - whether the primary judge erred in the construction of "continuing inability to work" as defined in s 94(2) of the Act - whether the primary judge erred in the construction of "program of support" (s 94(5) of the Act) - whether the appellant was required to have "actively participated in a program of support" (s 94(2)(aa) of the Act) following changes to the legislation - whether the primary judge erred in failing to consider questions of law - whether the primary judge erred in the construction of ss 94(1)(c)(i) and 94(2)(aa) of the Act. COSTS - whether appellant is liable for costs of unsuccessful appeal - whether the primary judge erred in ordering appellant to pay costs of unsuccessful application. Held: appeal dismissed
24 Feb 2017 |  REEVES J


Migration
Minister for Immigration and Border Protection v Jayshree Enterprises Pty Ltd [2017] FCA 264
MIGRATION - appeal from decision of Federal Circuit Court of Australia - whether primary judge erred in concluding that the Tribunal did fall into jurisdictional error - content of no evidence ground at common law - evidence before Tribunal admitted logically of absence of satisfaction with respect to relevant visa criterion - appeal allowed
28 Feb 2017 |  LOGAN J


Industrial Law
Australian Building and Construction Commissioner v McCullough (No 2) [2017] FCA 295
INDUSTRIAL LAW - assessment of penalties - where relevant respondents found to have contravened s 417(1)(a) of the Fair Work Act 2009 (Cth) - whether exonerated respondents entitled to their costs of the proceeding pursuant to s 570(2)(a) of the Fair Work Act 2009 (Cth)
22 Mar 2017 |  BARKER J


Migration
ALO16 v Minister for Immigration and Border Protection [2017] FCA 270
MIGRATION - application for protection visa - judicial review - review of decision of Federal Circuit Court of Australia - publication of personal information - whether the primary judge erred by failing to find the Tribunal had made a finding based on no evidence and/or false factual premise - whether the primary judge erred by failing to find the Tribunal had the jurisdiction to determine the data breach claim - whether the primary judge erred by failing to find the Tribunal did not consider whether the applicant faced a serious risk or real risk of harm upon return to India - no jurisdictional error - application dismissed
15 Feb 2017 |  LOGAN J


Migration
AJJ16 v Minister for Immigration and Border Protection [2017] FCA 132
MIGRATION - protection visa application - judicial review - review of decision of Federal Circuit Court of Australia - fears of harm upon return to India - whether s 36(3) of Migration Act applicable because of ability to enter and live in Nepal - no basis for concluding appellant's evidence not taken into account because of his homosexuality - whether the Federal Circuit Court of Australia erred by failing to find that Tribunal did not consider appellant's evidence on this subject - appeal dismissed
15 Feb 2017 |  LOGAN J


Migration
ARX16 v Minister for Immigration and Border Protection [2017] FCA 292
MIGRATION - application for an extension of time to seek leave to appeal - application for leave to appeal from an interlocutory decision of the Federal Circuit Court of Australia - extension of time refused
22 Mar 2017 |  O'CALLAGHAN J