Singh v Minister for Immigration and Border Protection [2018] FCAFC 184

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2018] FCAFC 184 Appeal from: Singh v Minister for Immigration and Border Protection [2017] FCCA 3276

File number: VID 1411 of 2017

Judges: KENNY, BROMBERG AND COLVIN JJ

Date of judgment: 1 November 2018

Catchwords: MIGRATION - application for judicial review of a decision of the Federal Circuit Court - where Administrative Appeals Tribunal dismissed application for review of decision to refuse visa after failure to attend hearing under s 362B of the Migration Act 1958 (Cth) - consideration of principles concerning Tribunal's requirement to give a statement of reasons and consider matters advanced in appellant's application for reinstatement - where Tribunal's reasons considered whether appellant was notified of hearing date but not all matters advanced to support reinstatement - appeal allowed - matter remitted to the Tribunal for determination according to law

Legislation: Migration Act 1958 (Cth)

Cases cited: AYX17 v Minister for Immigration and Border Protection [2018] FCAFC 103 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 Malek Fahd Islamic School Ltd v Minister for Education and Training (No 2) [2017] FCA 1377 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration, Local Government and Ethnic Affairs v Taveli (1990) 23 FCR 162 Mitchell v The Queen [1996] HCA 45; (1996) 184 CLR 333 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1 Singh v Minister for Immigration and Border Protection [2017] FCCA 3276 SZFOH v Minister for Immigration and Citizenship [2007] FCAFC 63; (2007) 159 FCR 199