Singh v Minister for Immigration and Border Protection [2017] FCAFC 220

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2017] FCAFC 220 Appeal from: Singh v Minister for Immigration and Border Protection [2017] FCCA 721

File number: VID 433 of 2017

Judges: TRACEY, MORTIMER AND MOSHINSKY JJ

Date of judgment: 20 December 2017

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – where the trial judge dismissed an application for judicial review of a decision of the then-Migration Review Tribunal – where the Tribunal affirmed a decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant a Skilled (Provisional) (Class VC) visa – where the Tribunal found that Public Interest Criterion 4020 was not satisfied on the basis of information that indicated that an imposter had sat the applicant's English test – where the Tribunal received an e-mail from an investigations manager which indicated that she was unable to provide any further information about the fraud – whether the trial judge erred by failing to find that the Tribunal committed a jurisdictional error by breaching s 362A of the Migration Act 1958 (Cth) by not giving the applicant access to that e-mail – whether the trial judge erred by finding that s 362A required the making of a request for specific documents before an entitlement arose – whether the trial judge erred by drawing an analogy between the searching of a court file and obtaining access to material under s 362A – whether the trial judge erred by failing to find that the Tribunal had deprived the applicant of a fair hearing under s 360(1) of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 20, 26(2), 268BG, 268CZ, 268CQ, 306G, 353, 357A, 357A-367, 357A(1), 357A(3), 359, 359AA(1), 360, 360(1), 362A, 366A, 374, 436, 487S, 487U, Pt 5 Div 5 Privacy Act 1988 (Cth)