Singh and Minister for Immigration and Border Protection [2014] FCA 598

FEDERAL COURT OF AUSTRALIA

Singh and Minister for Immigration and Border Protection [2014] FCA 598 Citation: Singh and Minister for Immigration and Border Protection [2014] FCA 598

Parties: AMANDEEP SINGH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: WAD 37 of 2014

Judge: BARKER J

Date of judgment: 6 June 2014

Catchwords: MIGRATION – application for Bridging E (Class WE) visa – where visa application refused pursuant to s 501(1) Migration Act 1958 (Cth) due to substantial criminal record – operation of Ministerial Direction No 55 – whether there is a relevant child who would be affected by decision to refuse to grant visa – whether Tribunal fell into error by failing to make determination about "best interests of the child" – whether Tribunal was required to give notice to child or guardian, to allow child or guardian to be heard at the hearing, or to join child or guardian as a party to the hearing

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 30(1A) Migration Act 1958 (Cth) s 499, s 499(1), s 499(2A), s 500(6H), s 500(6J), s 500(6L) Ministerial Direction No 55 – Visa refusal and cancellation under s 501 (Cth) Family Court Act 1997 (WA)

Cases cited: Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28 Singh and Minister for Immigration and Border Protection [2014] AATA 37 Uelese v Minister for Immigration and Citizenship [2013] FCAFC 86; (2013) 60 AAR 534 Date of hearing: 5 June 2014