Singh v Minister for Immigration and Border Protection [2018] FCAFC 52

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2018] FCAFC 52 Appeal from: Singh v Minister for Immigration and Border Protection [2017] FCCA 2198

File number: NSD 1689 of 2017

Judges: BROMBERG, GRIFFITHS AND MOSHINSKY JJ

Date of judgment: 5 April 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – where a fraudulent IELTS test report was provided to the Department – where the appellant claimed that his brother-in-law had altered the appellant's original IELTS test report without the appellant's authority, knowledge or complicity, and gave the altered IELTS test report to a migration agent who then provided it to the Department – whether the altered IELTS test report was a "bogus document" or "information that is false or misleading in a material particular" for the purposes of Public Interest Criterion 4020 (PIC 4020) – whether in these circumstances the appellant had "given, or caused to be given" to the Department a bogus document, or information that is false or misleading in a material particular, such that PIC 4020 was not satisfied – whether the primary judge erred in finding that the AAT did not commit jurisdictional error by misconstruing or misapplying PIC 4020 – whether the primary judge erred in finding that the AAT did not commit jurisdictional error by concluding that PIC 4020 was not satisfied in these circumstances – appeal dismissed, with costs

Legislation: Migration Act 1958 (Cth), ss 5, 48, 97, 98, 100, 103, 111 Migration Regulations 1994 (Cth), Schedule 2, cl 457.224; Schedule 4, Public Interest Criterion 4020