MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal under s 501 of the Migration Act 1958 (Cth) – whether the Tribunal made jurisdictional errors in referring, erroneously, to statutory provisions and parts of Direction No. 65 relating to revocation of a cancellation of a visa rather than to whether the grant of a visa should be refused where the person does not pass the character test – whether the Tribunal made a jurisdictional error in finding that the applicant may suffer adverse consequences were he to be returned to Samoa but considering that that was a matter for determination later, in the course of extradition proceedings
PRACTICE AND PROCEDURE – application to amend to add new grounds – whether leave should be granted – relevant considerations

CORPORATIONS – scheme of arrangement – application for orders to convene meeting of shareholders

MIGRATION – appeal from Federal Circuit Court of Australia – complementary protection – where appellant suffers from serious medical condition – whether lack of adequate access to medical treatment constitutes ‘significant harm’ and is ‘arbitrary’ – whether an actual subjective intent to arbitrarily deprive life required by s 36(2A)(a) of the Migration Act 1958 (Cth) – appeal dismissed

CORPORATIONS – application by liquidators and receivers to disburse trust funds to discharge encumbrances upon trust property and pay for costs of sale – application by liquidators and receivers to disburse trust funds to pay their remuneration where creditors’ approval for payment thereof had been granted

MIGRATION – appeal from Federal Circuit Court – whether Refugee Review Tribunal decision was illogical or irrational – procedural fairness – standard of interpretation – where Tribunal Member had personal knowledge of Arabic – obligation to disclose.

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0343

MIGRATION – appeal from Federal Circuit Court – jurisdictional error – materiality of evidence – failure to consider material evidence – where the applicant and his brother made protection claims at the same time – where the Tribunal did not consider the brother’s evidence – where evidence was potentially corroborative.

MIGRATON – appeal from the Federal Circuit Court – where appellant claimed to have been the subject to an arranged marriage – where appellant claimed to have converted to Christianity – relevant principles in determining whether proper, genuine and realistic consideration was given – whether the Tribunal failed to give such consideration to the appellant’s claims – requirement to invite evidence and submissions under s 425 of the Migration Act 1958 (Cth) – whether the Tribunal was required to make s 425 invitation about the appellant’s Christianity-related activities in Australia coming to the attention of the Iranian authorities.

PRACTICE AND PROCEDURE – application for extension of time – application for leave to appeal from interlocutory judgments –  whether sufficiently arguable – summary dismissal of claim against one respondent – strike out – failure to disclose comprehensible pleaded basis for claims – failure to attempt to identify House v King error in determination of primary judge not to allow repleading of part of claim – Decor test not satisfied and applications dismissed

PRACTICE AND PROCEDURE – leave – application for leave to appeal – where decision appealed from was that the appeal was incompetent – whether proposed ground is arguable – whether it is arguable that Director-General of Social Services v Chaney (1980) 47 FLR 80 was wrongly decided – leave to appeal refused

BANKRUPTCY AND INSOLVENCY – where liquidator doubts the valid appointment of controller per s 418A(1) of the Corporations Act 2001 (Cth) – whether there was requisite doubt on a specific ground – declaration that controller did not enter into possession or assume control validly under the terms of a security interest PRACTICE AND PROCEDURE – application to set aside subpoena as abuse of process – possible breach of implied Harman undertaking – whether third parties are bound by undertaking – undertaking does not apply where affidavit read and taken into account in decision of Federal Circuit Court of Australia

ADMINISTRATIVE LAW – social security – appeal from an Order of the Administrative Appeals Tribunal granting a temporary stay of the implementation of the decision under review – whether appeal competent – whether order was a “decision" giving right of appeal to the Federal Court.

Industrial Law

MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a refusal of a student visa application – whether primary judge’s reasoning lacked evident justification – where no jurisdictional error of law identified

MIGRATION – appeal from Federal Circuit Court – unreasonable or illogical decisions – well-founded fear of persecution – real chance test – whether Immigration Assessment Authority unreasonably or illogically concluded there was not a well-founded fear of persecution – whether decision based on arbitrary or illogical matters.

CORPORATIONS – members’ scheme of arrangement – first court hearing – order sought under s 411(1) of the Corporations Act 2001 (Cth) – nature of CHESS depository interests – whether ineligible foreign shareholders a separate class – exercise of discretion – performance risk – termination fee – exclusivity arrangements – employee incentive arrangements – s 3(a)(10) of the Securities Act 1933 (US) – order made for convening of shareholders’ meeting

CORPORATIONS – scheme of arrangement – application for orders to convene meeting of shareholders

NATIVE TITLE – application for determination of native title under s 87A of the Native Title Act 1993 (Cth) – whether the parties have satisfied the criteria set out in s 87A – whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties