Singh v Migration Review Tribunal [2004] FCA 1079

FEDERAL COURT OF AUSTRALIA

Singh v Migration Review Tribunal [2004] FCA 1079

MIGRATION – decision of Migration Review Tribunal ("MRT") to affirm decision to cancel the applicant's Temporary Business Entry (Class UC) visa, subclass 457 (Business (Long Stay)) – breach of condition 8107 Schedule 8 of the Migration Regulations 1994 (Cth) – applicant located driving a taxi – privative clause decision – whether breach of natural justice – whether MRT ignored relevant material or relied on irrelevant material Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 116(1)(b), s 349(1), s 474(2) Migration Regulations 1994 (Cth) Schedule 8 Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited The Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 referred to Minister for Immigration and Multicultural Affairs v Sharma (1999) 90 FCR 513 referred to TEJINDER SINGH v MIGRATION REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No Q 25 of 2004 SPENDER J BRISBANE 25 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 25 OF 2004

BETWEEN: TEJINDER SINGH

APPLICANT

AND: MIGRATION REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 25 AUGUST 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The parties are to make submissions in writing within seven days on the question of costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.