Christopher Honnery | Victorian Bar

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Date of Admission:

20 Feb 2015

First Signed Bar Roll:

17 Nov 2023

Division of Bar Roll:

Interstate and Overseas Practising Counsel

Qualifications:

BA, LLB, UK Bar Transfer Test

Accepts briefs from in-house counsel

Profile:

Chris practises in various areas of civil law, including administrative law, judicial review and regulatory matters.

He passed the UK Bar Transfer Test in 2020 and was called to the NSW Bar in 2022.

Prior to being called to the Bar, Chris was a solicitor at Victoria Legal Aid, oversaw Craddock Murray Neumann’s judicial review practice representing asylum seekers detained on Nauru, and working in-house at Settlement Services International and the Federal Court of Australia.

Based in Sydney, Chris regularly appears interstate and welcomes appearance and written briefs.

His recent cases include:

BFR18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 87 (7 February 2024)

A judicial review application challenging the decision of Immigration Assessment Authority. The Court upheld both grounds, accepting that the Authority made a finding based on unwarranted assumptions lacking a probative evidentiary basis, and additionally that the Authority unreasonably failed to exercise its discretion in s 473DC of the Migration Act 1958 (Cth) to get new information. Unled for the applicant.

BTA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1272 (25 October 2023)
An appeal against the Federal Circuit Court’s decision that was successful on 3 grounds (including a new ground) relating to statutory construction of s 473DD of the Migration Act 1958 (Cth) and illogical reasoning. Unled for the appellant.

CRRN v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1050 (5 September 2023)
A judicial review application challenging the cancellation of the refugee applicant’s visa. The applicant had been detained for 8 years. He was released after the judgment. Unled for the applicant.

ECE21 v Minister for Home Affairs [2023] FCAFC 52 (28 March 2023)
An appeal against the decision of the Federal Court raising a new ground of appeal concerning the legal consequences of the decision. Led by Brenda Tronson.

Cases:

BTA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1272

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fc…

Unled acting for the appellant – principles relevant to leave to raise a ground for the first time on appeal – whether the Immigration Assessment Authority engaged in irrational reasoning that amounted to legal unreasonableness – whether the primary judge erred in failing to find that the Authority misconceived its task under s 473DD of the Migration Act 1958 (Cth) – appeal successful on 3 grounds

CRRN v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1050

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fc…

Unled judicial review application challenging the cancellation of the refugee applicant’s visa. Held that the Tribunal's reasoning was illogical and irrational and the Tribunal also failed to consider the applicant’s submission that none of the other possible ways in which his detention might end had any realistic possibility of materialising, and that he therefore faced indefinite detention. Application granted.

ECE21 v Minister for Home Affairs [2023] FCAFC 52

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2023/2023fcaf…

An appeal against the decision of the Federal Court raising a new ground concerning the legal consequences of the decision. The Full Court (Mortimer, Colvin and O’Sullivan JJ) unanimously accepted that the Minister overlooked or misunderstood that consequence which, in all likelihood, would flow from a refusal to revoke the cancellation decision. Led by Brenda Tronson.

BFR18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 87

https://jade.io/article/1062484

Application for judicial review of decision of Immigration Assessment Authority – IAA made a finding based on unwarranted assumptions lacking a probative evidentiary basis – IAA unreasonably failed to exercise its discretion in s 473DC of the Migration Act 1958 (Cth) to get new information from the applicant – jurisdictional errors established – writs issued.

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FedCFamC2G 1189 (14 December 2023)

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2023/1189.htm…

Judicial review of a migration decision, unled for the applicant – consideration of Ministerial Direction No 69 – found the Tribunal failed to have regard to the matters contained in paragraphs 9(b) and 9(c) of Direction 69 – found the Tribunal failed to take into account factors which had been the subject of substantial and clearly articulated claims made by the applicant – application granted.

DVS18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 611 (18 July 2023)

https://jade.io/article/1038285

Judicial review of a decision of the Immigration Assessment Authority, unled for the applicant – whether centrally relevant parts of the IAA’s reasoning were logically open to it – whether the IAA adequately engaged with the evidence before it – application granted.

AEH18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 605 (17 July 2023)

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G//2023/605.htm…

Judicial review of a migration decision, unled for the applicant – where the IAA overlooked a number of documents that were centrally relevant to the applicant’s claims – application granted.

GHSS v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 1602 (12 June 2023)

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA//2023/1602.html

AAT proceedings concerning a refusal to grant a Protection (Class XA) visa – where Applicant did not pass the character test – whether there is another reason to not exercise the power to refuse to grant the visa – consideration of Ministerial Direction No. 99 – decision under review set aside and substituted.

Wellbeing Korea Qld Pty Ltd v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 448 (Judge Egan, 29 May 2023)

http://classic.austlii.edu.au/au/cases/cth/FedCFamC2G/2023/448.html

Judicial review of Employer Nomination refusal – the Tribunal erred by failing to receive evidence from an essential witness – the Tribunal ought to have explored the specific aspect of the roles and duties of the nominee’s employment before making adverse findings – an invitation to appear before the Tribunal to give evidence cannot be a “hollow shell or an empty gesture” – materiality of error established – application granted.

FMI17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 1045 (Judge Vasta, 7 December 2022)

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2022/1045.htm…

Judicial review of Immigration Assessment authority’s decision – assessment of the reasonableness of relocation – family members’ circumstances need to be taken into account and the repercussions of relocation must be considered – writ of certiorari issued.

Publications:

Yes Minister, you must exercise your intervention power personally

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/journals/NSWBarAssocNews/2022/132…

An analysis of the High Court's decision in Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors [2023] HCA 10 for the Winter 2023 Bar News magazine.

Justice deferred: Plaintiff M1/2021 v Minister for Home Affairs

https://www.auspublaw.org/blog/2022/05/justice-deferred-plaintiff-m1/2021-v-mini…

An analysis of the practical consequences of the High Court's decision in Plaintiff M1/2021 v Minister for Home Affairs.

The confused construction of ‘non-refoulement’ in the Ministerial Directions for visa cancellations

https://www.auspublaw.org/blog/2020/04/the-confused-construction-of-non-refoulem…

An overview of the interpretation and application of Ministerial Directions in the visa cancellation case law.

The Erosion of Fairness in Australia’s Refugee Framework

https://blogs.law.ox.ac.uk/research-subject-groups/centre-criminology/centrebord…

A post for the University of Oxford's Border Criminology cluster on Australia’s ‘fast track’ merits review system and asylum seekers’ reduced rights before the Immigration Assessment Authority.

The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

Clerk

Svenson Barristers

+61 3 9225 7333

clerks@svenson.com.au

Area of Practice

Common Law
- Judicial Review
Defamation
Commercial Law
- Sports
- Civil Procedure Law
Criminal Law
- Environmental
Public Law & Administrative Law
- Judicial Review
- Human Rights Law
- Merits Review
- Immigration
- Migration Law
Inquests, Inquiries, Tribunals & Commissions
Technology Law & Media Law