Singh v Minister for Immigration and Border Protection [2015] FCA 222

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2015] FCA 222 Citation: Singh v Minister for Immigration and Border Protection [2015] FCA 222

Appeal from: Application for extension of time: Singh v Minister for Immigration & Anor [2014] FCCA 2672

Parties: AMARJIT SINGH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: SAD 287 of 2014

Judge: PERRY J

Date of judgment: 16 March 2015

Catchwords: MIGRATION - Where applicant seeks an extension of time to seek leave to appeal under r 35.14 of the Federal Court Rules 2011 (Cth) – Where, if an extension is granted, applicant would seek leave to appeal against default judgment made in applicant's absence – Where no error apparent in the decision of the Court below – Where applicant has not satisfied essential criterion for grant of Subclass 485 visa

Legislation: Federal Circuit Court Rules 2001 (Cth) r 13.03C, 16.05 Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.13, 35.14 Migration Act 1958 (Cth) s 31(1), 65, 362B Migration Regulations 1994 (Cth) reg 1.15I, 2.03, 2.26B, Sch 2: cl 485.214 Migration Regulations 1994 (Cth) Legislative Instrument IMMI 12/023 Specification of Skilled Occupations, Relevant Assessing Authorities and Countries for General Skilled Migration Visas

Cases cited: BZACZ v Minister for Immigration and Border Protection [2013] FCA 1230; (2013) 139 ALD 140 BZADA v Minister for Immigration and Citizenship [2013] FCA 1062 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v R (1936) 55 CLR 499 Khondoker v Minister for Immigration and Citizenship [2012] FCA 654 Perera v Minister for Immigration and Border Protection [2013] FCA 1417 SZOZG v Minister for Immigration and Citizenship [2011] FCA 756 SZSPR v Minister for Immigration and Border Protection [2013] FCA 1210; (2013) 139 ALD 109