Singh v Minister for Immigration and Border Protection [2017] FCAFC 67

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2017] FCAFC 67 Appeal from: Singh v Minister for Immigration and Border Protection & Anor [2016] FCCA 1182

File number: VID 685 of 2016

Judges: NORTH, BROMBERG AND BROMWICH JJ

Date of judgment: 27 April 2017

Catchwords: MIGRATION – proper construction of s 360 of the Migration Act 1958 (Cth) – appeal from Federal Circuit Court decision dismissing application for judicial review of Tribunal's decision to cancel a scheduled hearing – where Tribunal hearing cancelled due to lack of response to s 359A comment invitation – where invitation to attend hearing was issued before comment invitation was issued – whether extant hearing obligation existed by virtue of earlier hearing invitation – whether any temporal limitation should be imposed on ss 359C, 360, 363A of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth), ss 357A, 359, 359A, 359B(4), 359C, 360, 363A

Cases cited: Bropho v Western Australia (1990) 171 CLR 1 Coco v The Queen (1994) 179 CLR 427 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49; (2002) 213 CLR 543 Giri v Minister for Immigration and Citizenship [2011] FCA 928 Hasran v Minister for Immigration and Citizenship [2010] FCAFC 40; (2010) 183 FCR 413 Kumar v Minister for Immigration and Citizenship [2010] FMCA 614; (2010) 246 FLR 379 M v Minister for Immigration and Multicultural Affairs [2006] FCA 1247; (2006) 155 FCR 333 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v Sun [2005] FCAFC 201; (2005) 146 FCR 498 Potter v Minahan (1908) 7 CLR 277 R v Snow (1915) 20 CLR 315