Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration and Border Protection [2017] FCAFC 105 Appeal from: Singh v Minister for Immigration & Anor [2016] FCCA 2229
File number: VID 1067 of 2016
Judges: JAGOT, BROMBERG AND MORTIMER JJ
Date of judgment: 14 July 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court – procedural fairness obligations of the Tribunal under s 359A of the Migration Act 1958 (Cth) – application of ss 359A and 359C – definition of "information" in s 359A – relationship between ss 359A and 358 – appeal dismissed MIGRATION – visa criteria for Regional Employer Nomination (Permanent) (Class RN) Visa – whether a second nomination by employer could be made in respect of the same position and same visa application – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 24 Migration Act 1958 (Cth), ss 46, 65, 338, 358, 359A, 359B, 359C, 360, 363, 363A, 368, 424A, 430 Migration Regulations 1994 (Cth), regs 4.02, 4.17, 4.18A, 5.19, Sch 1 cl 1114C, Sch 2 cl 187.233
Cases cited: Berenguel v Minister for Immigration and Citizenship [2010] HCA 8; 264 ALR 417 Hasran v Minister for Immigration and Citizenship [2010] FCAFC 40; 183 FCR 413 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33 Minister for Immigration and Citizenship v Brar [2012] FCAFC 30; 201 FCR 240 Minister for Immigration and Citizenship v Chamnam You [2008] FCA 241 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v Saba Bros Tiling Pty Ltd [2011] FCA 233; 194 FCR 11 Minister for Immigration and Citizenship v SZLFX [2009] HCA 31; 238 CLR 507 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 SZHSQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1295; 155 FCR 159 VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123; 236 FCR 549
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