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As the Applicant was not given an opportunity to comment on relevant material, namely information that the Department had obtained relating to the Applicant’s prior visa refusal, the Applicant was denied procedure fairness, and in circumstances such as a denial amounts to a jurisdiction error. This justifies the making of orders by consent.

Full bench decision of the Fair Work Commission (FWC) dismissing the leave for appeal by employer and affirming the decision of Deputy President Gooley of Melbourne on 31 January 2014 for the applicant in unfair dismissal matter.

The Tribunal remits the applications made by the visa applicants for Other Family (Migrant) (Class BO) visas to Department of Immigration and Multicultural and Indigenous Affairs for reconsideration, with the direction that the visa applicant meets the criteria for a subclass 115 (Remaining Relative) visa.