Singh v Minister for Immigration & Multicultural Affairs [2002] FCA 502

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [2002] FCA 502 MIGRATION – application for review of a decision of Migration Review Tribunal affirming a decision of the Minister's delegate to refuse a Change in Circumstance (Residence) (Class AG) visa – whether Migration Review Tribunal erred in concluding there was no evidence that applicant had a sense of identity with Australia – whether Migration Review Tribunal erred in considering and applying government policy – whether error of fact or law – application futile

ADMINISTRATIVE LAW – judicial review – privative clause decision – application for order of review sought writs of certiorari, mandamus and prohibition – application not in accordance with Form 5 of Federal Court Rules – application did not specify s 39B Judiciary Act 1903 (Cth) as legislative basis of Court's jurisdiction – whether application competent – whether application was made "under" s 39B Judiciary Act 1903 (Cth)

Migration Act 1958 (Cth) s 474(1), 474(2), 476, 477, 477(1), 477(2) Judiciary Act 1903 (Cth) s 39B Domicile Act 1982 (Cth) s 8 Migration Regulations 1994 (Cth) Schedule 2 cl 833.212 Federal Court Rules O 54, 54A, 54B Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 considered Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 167 applied NABE v Minister for Immigration & Multicultural Affairs [2002] FCA 281 applied R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 referred to Yong v Minister for Immigration & Multicultural Affairs (1997) 75 FCR 155 considered Minister for Immigration & Multicultural Affairs v "B" (2000) 105 FCR 304 considered NACA v Minister for Immigration & Multicultural Affairs [2002] FCA 63 considered NABM v Minister for Immigration & Multicultural Affairs [2002] FCA 335 referred to KASHMIR SINGH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1385 OF 2001 HELY J 24 APRIL 2002 SYDNEY