Special Leave Applications to the High Court - 2020 Judgments
17 Mar 2020
: Alstom Transport Australia Pty Ltd v Comptroller-General of Customs [2020] FCAFC 43
Davies, Markovic and Steward JJ
(
168 ALD 425 ; 275 FCR 652
)
TAXATION - customs and excise - tariff concession order ("TCO") - core criteria - substitutable goods - appeal from decision of the Administrative Appeals Tribunal - where TCO application made in respect of unattended trains to be incorporated into the Sydney Metro Train Network was refused - whether Tribunal erred in applying ss. 269B and 269C of the Customs Act 1901 (Cth.) - whether Tribunal erred in finding that particular trains produced in Australia are "substitutable…
Status of Appeal to High Court -
8 July 2020: HCA - Special leave application dismissed with costs [2020] HCASL 154
12 Mar 2020
: BPI17 v Minister for Immigration and Border Protection (No 2) [2020] FCA 252
O'Bryan J
MIGRATION - appeal from Federal Circuit Court of Australia - where Tribunal affirmed decision of Minister's delegate refusing grant of protection visa under section 65 of the Migration Act 1958 (Cth) - where primary judge failed to consider written submissions of the appellant and thereby failed to afford the appellant a fair hearing - whether matter should be remitted to the Federal Circuit Court for rehearing or should be determined by the Federal Court - where appellant's …
Status of Appeal to High Court -
25 June 2020: HCA - Special leave application dismissed [2020] FCA 252
12 Mar 2020
: BNB17 v Minister for Immigration and Border Protection [2020] FCA 304
Anderson J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Immigration Assessment Authority (Authority) not to grant Safe Haven Enterprise visa - where appellant was assisted by interpreter at interview with delegate of the Minister - where alleged mistranslations at interview were raised with delegate - where delegate's decision to refuse visa was referred to Authority - where…
Status of Appeal to High Court -
8 October 2020: HCA - Special leave application granted [2020] HCATrans 156
10 Mar 2020
: AYW16 v Minister for Immigration and Border Protection [2020] FCA 277
Snaden J
MIGRATION - protection visa - appeal from the Federal Circuit Court of Australia (the "FCCA") - application for judicial review of a decision of the Administrative Appeals Tribunal (the "AAT") - whether the AAT decision was affected by jurisdictional error - whether the FCCA or AAT failed to take into account relevant considerations - whether the FCCA or AAT took into account irrelevant considerations - whether leave should be granted to advance on appeal a ground not…
Status of Appeal to High Court -
9 September 2020: HCA - Special leave application dismissed [2020] HCASL 182
10 Mar 2020
: Raibevu v Minister for Home Affairs [2020] FCAFC 35
Perram, Markovic and Charlesworth JJ
MIGRATION - visa cancelled on character grounds - refusal of Assistant Minister to revoke cancellation decision - whether Assistant Minister committed jurisdictional error by having only selective regard to sentencing remarks - whether Assistant Minister's decision affected by legal unreasonableness HIGH COURT AND FEDERAL COURT - application to introduce new arguments on appeal - where grant of leave would undermine the purpose of the conferral of appellate jurisdiction -…
Status of Appeal to High Court -
15 April 2021: HCA - Application dismissed with costs [2021] HCASL 83
4 Mar 2020
: Malik v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 253
Perram J
MIGRATION - appeal from Federal Circuit Court - whether Court erred in dismissing application for judicial review of Administrative Appeals Tribunal decision to affirm First Respondent's decision refuse to issue subclass 500 student visa - where Tribunal found Appellant did not genuinely intend to stay in Australia temporarily under Migration Regulations 1994 (Cth) Sch 2 cl 500.212(a) -where primary judge did not publish settled reasons prior to expiry of appeal period -…
Status of Appeal to High Court -
25 June 2020: HCA - Special leave application dismissed [2020] HCASL 152
3 Mar 2020
: DHL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 245
Anderson J
MIGRATION - appeal from decision of Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) refusing to grant protection visas - whether Tribunal failed to take into account health conditions of first and second appellant - whether Tribunal failed to consider appellants' claims for protection - whether Circuit Court erred in dismissing appellants' application for adjournment of…
Status of Appeal to High Court -
12 June 2020: HCA - Special leave application dismissed [2020] HCASL 131
3 Mar 2020
: BTP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 265
Bromwich J
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - jurisdictional error - whether the primary judge erred in finding that the Immigration Assessment Authority did not misapply the 'real chance' test - appeal dismissed.
Status of Appeal to High Court -
5 August 2021: HCA - Special leave application dismissed [2021] HCASL 130
28 Feb 2020
: AAK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 310
White J
MIGRATION - appeal from the Federal Circuit Court (the FCC) dismissing an application for judicial review of the decision of the Administrative Appeals Tribunal (the Tribunal) refusing the Appellant's application for a Protection visa - whether the FCC failed to have regard to the central elements of the Appellant's claim - whether it was open to the Tribunal to make an adverse assessment on the Appellant's credibility - appeal dismissed.
Status of Appeal to High Court -
6 August 2020: HCA – Special leave application dismissed [2020] HCASL 162
28 Feb 2020
: Singh v Minister for Immigration and Border Protection [2020] FCAFC 31
Flick, Bromwich and Thawley JJ
MIGRATION - appeal from Federal Circuit Court - whether Court erred in dismissing appeal from Administrative Appeals Tribunal - where Tribunal found it had no jurisdiction to review application made out of time - whether letter notifying the refusal of visa by Minister 'stated' the time in which the application for review may be made - where information regarding time to make application for review on separate pages of letter - consideration of DFQ17 v Minister for…
Status of Appeal to High Court -
6 August 2020: HCA – Special leave application dismissed [2020] HCASL 165
28 Feb 2020
: SZSCU v Minister for Immigration, Citizenship, Migrant Services and Multicultural Services [2020] FCA 232
Farrell J
MIGRATION - appeal from the Federal Circuit Court of Australia - where the primary 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 (subclass 866) visa - where notice of appeal contained grounds reiterating judicial review grounds advanced before the Federal Circuit Court of Australia without identifying error in the decision below -…
Status of Appeal to High Court -
25 June 2020: HCA - Special leave application dismissed [2020] HCASL 151
28 Feb 2020
: Makasa v Minister for Immigration and Border Protection [2020] FCAFC 22
Allsop CJ, Kenny, Besanko, Bromwich and Banks-smith JJ
(
376 ALR 191
)
MIGRATION - appeal from a single judge of this Court dismissing an application for judicial review of a decision of the Minister, acting personally, to cancel the respondent's visa under s 501(2) - whether the Minister can re-exercise the discretion conferred by s 501(2) to cancel a visa where the Tribunal has earlier set aside a delegate's decision to cancel the visa under that same provision - whether the Minister can re-exercise the discretion relying on the very same…
Status of Appeal to High Court -
12 June 2020: HCA - Special leave to appeal granted [2020] HCATrans 81
27 Feb 2020
: Singh v Minister for Home Affairs [2020] FCA 203
Derrington J
MIGRATION - skilled visa - Australian study requirements - whether course of study "closely related" to nominated skilled occupation - Diploma of Marketing generic and not closely related to occupation of chef
Status of Appeal to High Court -
8 July 2020: HCA - Special leave application dismissed [2020] HCASL 155
27 Feb 2020
: EDV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 186
Wigney J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where primary judge dismissed judicial review application of decision by Administrative Appeals Tribunal - where Administrative Appeals Tribunal affirmed decision to refuse a protection visa - appeal dismissed
Status of Appeal to High Court -
12 June 2020: HCA - Special leave application dismissed [2020] HCASL 136
27 Feb 2020
: DYF18 v Minister for Home Affairs [2020] FCA 201
Derrington J
MIGRATION - application for protection visa - Indian Sikh - no ground established to warrant granting of a protection visa PRACTICE AND PROCEDURE - new ground raised for the first time - limited merit to proposed ground - leave to rely upon new ground refused - appeal dismissed
Status of Appeal to High Court -
6 March 2020: HCA – Special leave application dismissed [2020] HCASL 161
26 Feb 2020
: Quadri v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 246
Katzmann J
MIGRATION -- application for Student (Temporary) (class TU) (subclass 500) visa -- where current enrolment in a course of study at time of decision a primary criterion for granting the visa and no such proof offered to the Tribunal on review -- where this was not an issue before the Minister's delegate and Tribunal affirmed decision of delegate not to grant the visa for this reason -- where a PRISMS document in the Tribunal's possession showed enrolment had been cancelled…
Status of Appeal to High Court -
20 May 2020: HCA - Special leave application dismissed [2020] HCASL 127
25 Feb 2020
: EHT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 309
Rares J
Status of Appeal to High Court -
17 June 2020: HCA - Special leave application dismissed [2020] HCASL 146
21 Feb 2020
: FHK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 156
O'Bryan J
MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of Immigration Assessment Authority's decision affirming decision of Minister's delegate refusing grant of safe haven enterprise visa - whether Authority failed to apply section 473DD of the Migration Act 1958 (Cth) by treating information as a submission - whether Authority's treatment of information as a submission was material to its decision - appeal dismissed
Status of Appeal to High Court -
20 May 2020: HCA - Special leave application dismissed [2020] HCASL 126
20 Feb 2020
: Mohamed v Minister for Immigration and Border Protection [2020] FCA 158
Wigney J
MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where primary judge dismissed judicial review application of decision by Administrative Appeals Tribunal - where Administrative Appeals Tribunal held there were no compelling reasons for not applying the relevant visa criteria - appeal dismissed
Status of Appeal to High Court -
25 June 2020: HCA - Special leave application dismissed [2020] HCASL150
18 Feb 2020
: CUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 144
McKerracher J
MIGRATION - appeal from the Federal Circuit Court - judicial review of a decision of the Immigration Assessment Authority - whether country information can indicate a serious problem generally which is also worse in some areas - conclusion was rationally open - no real chance of harm.
Status of Appeal to High Court -
12 June 2020: HCA - Special leave application dismissed [2020] HCASL 133
18 Feb 2020
: DUZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 141
Burley J
MIGRATION - fast track reviewable decision - Safe Haven Enterprise Visa refused by Immigration Assessment Authority - appeal from the Federal Circuit Court of Australia - new grounds raised on appeal - appeal dismissed
Status of Appeal to High Court -
6 August 2020: HCA – Special leave application dismissed [2020] HCASL 166
14 Feb 2020
: CTF16 v Minister for Immigration and Border Protection [2020] FCA 97
O'Bryan J
MIGRATION - appeal from Federal Circuit Court of Australia - adverse credibility findings - whether Tribunal erred in making adverse credibility finding on the basis of a false factual premise - appeal dismissed
Status of Appeal to High Court -
26 November 2020: HCA - Application for determination dismissed with costs [2020] HCASL 258
14 Feb 2020
: FQL17 v Minister for Immigration and Border Protection [2020] FCA 121
Kerr J
(
274 FCR 1
)
MIGRATION - appeal from Federal Circuit Court of Australia - protection visa application - validity and effect of the use of "person identification digits" in Migration (IMMI17/015: Person who is a Fast Track Applicant) Instrument 2017 (Cth) to specify fast track applicants - consideration of SZTVU v Minister for Home Affairs [2019] FCAFC 30 - evidence establishes that legislative instrument effective to specify Appellant - no basis on which to question the legal validity of …
Status of Appeal to High Court -
2 September 2020: HCA - Special leave application dismissed [2020] HCASL 173
14 Feb 2020
: Commissioner of Taxation v Travelex Limited [2020] FCAFC 10
Kenny, Derrington and Steward JJ
(
275 FCR 239
)
TAXATION - interest on overpayments - GST - where supplies which were GST-free erroneously included in Business Activity Statement - where taxpayer sent correspondence to Commissioner notifying that net amount in period ought to have been less than zero - where Commissioner purported to amend BAS to refund overpaid GST - where Commissioner refunded overpaid amounts - where taxpayer asserts Commissioner is required to pay interest from 14 days after the "effective date" of…
Status of Appeal to High Court -
25 June 2020: HCA - Special leave application granted [2020] HCATrans 89
7 Feb 2020
: Benrabah v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 4
Gleeson, Lee and Wheelahan JJ
MIGRATION - appeal from Federal Court of Australia - where primary judge upheld Tribunal decision not to revoke mandatory cancellation of the appellant's visa under s 501 of Migration Act 1958 (Cth) - whether Tribunal incorrectly applied Ministerial Direction 65 - whether Tribunal took irrelevant fact into account when considering the appellant's ties to Australia - appeal dismissed
Status of Appeal to High Court -
5 November 2020: HCA - Special leave application dismissed [2020] HCASL 227
6 Feb 2020
: SZRAX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 49
Gleeson J
MIGRATION - appeal from decision of Federal Circuit Court of Australia - protection visa - where appellant concedes that primary judge made no legal error - where appellant makes oral submissions challenging Tribunal findings - appeal dismissed
Status of Appeal to High Court -
13 May 2020: HCA – Special leave application dismissed [2020] HCASL 123
5 Feb 2020
: FIR17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 122
Lee J
MIGRATION - appeal from Federal Circuit Court - unparticularised contention that Immigration Assessment Authority failed to consider claim - ground not advanced below - whether Immigration Assessment Authority misconstrued meaning of "new information" - whether claim can be characterised as new information for purpose of ss 473DC and 473DD of Migration Act 1958 (Cth) - whether exceptional circumstances existed - no error demonstrated - appeal dismissed
Status of Appeal to High Court -
11 November 2020: HCA - Special leave application refused [2020] HCATrans 183
5 Feb 2020
: CLJ17 v Minister for Home Affairs [2020] FCA 40
Mortimer J
MIGRATION - Vietnamese national in Australian immigration detention interviewed by Vietnamese officials prior to protection visa application - whether Tribunal's conclusion about limited content of the interview irrational or illogical - whether credibility findings affected by error - whether failure to consider a claim - appeal dismissed
Status of Appeal to High Court -
6 August 2020: HCA – Special leave application dismissed with costs [2020] HCASL 167; [2020] HCASL 168
7 Jan 2020
: DUO18 v Minister for Home Affairs [2020] FCA 1
Lee J
MIGRATION - fast track reviewable decision by the Immigration Assessment Authority under Pt 7AA of the Migration Act 1958 (Cth) - appeal from judicial review of Authority decision by the Federal Circuit Court - whether Authority entitled to consider "new information" under s 473DD - whether Authority erred in construction of s 473DD - exceptional circumstances - whether second stage of cumulative requirements may be considered at first stage - no appealable error
Status of Appeal to High Court -
12 August 2020: HCA - Special leave application dismissed [2020] HCASL 170
