Singh v Minister for Immigration and Border Protection [2018] FCAFC 162

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2018] FCAFC 162 Appeal from: Binu Singh v Minister for Immigration and Border Protection [2018] FCCA 381

File number(s): NSD 329 of 2018

Judge(s): GREENWOOD ACJ, CHARLESWORTH AND O'CALLAGHAN JJ

Date of judgment: 27 September 2018

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court affirming decision of Tribunal – decision not to revoke cancellation of appellant's Regional Employer Nomination (Permanent) (Class RN) (Subclass 187) visa following a "dob in" letter from a sponsor employer – whether Tribunal erred by failing to comply with s 359A of the Migration Act 1958 (Cth) by failing to communicate certain information in dob in letter – where evidence that appellant knew contents of dob in letter and gave evidence in reply to delegate and Tribunal – where the information in dob in letter not conveyed to appellant was exculpatory and would not have been a reason to affirm the decision of the delegate – finding that Tribunal had no obligations under s 359A in relation to the dob in letter – appeal dismissed MIGRATION – appeal from decision of Federal Circuit Court affirming decision of Tribunal – decision not to permit appellant's husband to be joined as a party to proceedings – where husband granted visa as part of appellant's family unit – where husband's visa automatically cancelled with appellant's visa under s 137T of the Migration Act 1958 (Cth) – whether the delegate's decision to cancel the appellant's visa gave husband rights under s 338(3) of the Migration Act 1958 (Cth) – finding that the husband's visa was cancelled by force of statute – no administrative decision had been made with respect to husband – appeal dismissed