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Archive for the ‘Case Study’ Category

Zhang v Minister for Immigration & Anor [2009] FMCA 196 (9 March 2009)

Friday, October 30th, 2009

MIGRATION – Criminal justice stay certificate and visa – cancellation – operative decision taken by Attorney-General – applicant granted visa as potential witness in prosecution – arguable case that he was denied procedural fairness – application for summary dismissal refused – interim injunction made – referral for legal assistance.
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ZHANG v MINISTER FOR IMMIGRATION & ANOR (No.2) [2009] FMCA 458

Friday, October 30th, 2009

MIGRATION – Attorney-General’s decision to cancel criminal justice certificate – no hearing afforded – breach of natural justice – whether futile to grant relief – possibility of different decision – decision quashed – consequential relief in relation to criminal justice visa – order restraining Minister for Immigration from acting on invalid cancellation. (more…)

Minister for Immigration and Citizenship v Zhang [2009] FCAFC 129

Friday, October 30th, 2009

MIGRATION – appeal from decision of Federal Magistrate that cancellation by the Attorney-General of a criminal justice stay certificate was invalid – rules of natural justice do not apply to the cancellation of a criminal justice certificate pursuant to s 162(1) of the Migration Act 1958 (Cth) – relevant perspective for the exercise of the power to issue or cancel a criminal justice certificate is that of the administrators of the criminal justice system, not the subject of the certificate – evidence before the delegate was sufficient foundation for the making of the decision to cancel the certificate – appeal allowed (more…)

Minister for Immigration and Citizenship v Kamal [2009] FCAFC 98

Thursday, August 27th, 2009

MIGRATION – application for Student (Temporary) (Class TU) visa under the Migration Act 1958 (Cth) – criteria for subclass 572 visa – requirement to demonstrate English language proficiency in accordance with Schedule 5A of the Migration Regulations 1994 (Cth) – meaning of “[a test] taken less than two years before the date of application” – whether provision requires that test be taken prior to date of application or whether it can be taken after date of application (more…)

Vale v Sutherland [2009] HCA 26

Saturday, August 8th, 2009

Vale v Sutherland [2009] HCA 26

CATCHWORDS

Bankruptcy – Notice – Official Receiver issued notice under s 139ZQ of the Bankruptcy Act 1966 (Cth) (“the Act”) asserting certain property transactions void under s 120 of the Act – Notice asserted market value of properties at time of transfer – Failure to comply with notice may result in criminal sanctions under s 139ZT of the Act – Whether notice should be set aside under s 30 or s 139ZS if value stated incorrect.

Bankruptcy – Notice – Whether value in s 139ZQ of the Act value at time of transfer or when notice given.

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Allianz Australia Insurance Limited v GSF Australia Pty Limited [2005] HCA 26

Thursday, August 6th, 2009

Allianz Australia Insurance Limited v GSF Australia Pty Limited [2005] HCA 26 19 May 2005 S247/2004

CATCHWORDS
Allianz Australia Insurance Limited v GSF Australia Pty Ltd
Insurance – Motor vehicles – Third party liability insurance – Truck and trailer provided by first respondent to convey packed containers of food to airport – Appellant insurer of vehicle – Second respondent an employee of first respondent – Second respondent suffered back injury while assisting in unloading containers after vehicle’s lifting mechanism became inoperative – Whether second respondent’s injury an “injury” within the meaning of the Motor Accidents Act 1988 (NSW). (more…)

KAMAL v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 238

Thursday, August 6th, 2009

FEDERAL MAGISTRATES COURT OF AUSTRALIA
KAMAL v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 238
MIGRATION – MRT decision – on shore student visa – English language proficiency criteria – assessment level 4 criteria for subclass 572 visa – IELTS test ‘taken less than 2 years before the date of the application’ – test can be taken after visa application and before decision – beneficial construction of ambiguity preferred – relevance of statutory context – jurisdictional error of law found – matter remitted. (more…)