Singh v Minister for Immigration and Border Protection [2016] FCA 1052

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2016] FCA 1052 Appeal from: Singh v Minister for Immigration [2016] FCCA 1442

File number: NTD 30 of 2016

Judge: WHITE J

Date of judgment: 17 August 2016

Catchwords: PRACTICE AND PROCEDURE – appeal from decision of Federal Circuit Court to dismiss application for judicial review on default of appearance by applicant – appeal treated as an application for leave to appeal and extension of time – applications dismissed – no arguable case of error in Federal Circuit Court decision – appellant will not suffer prejudice if leave to appeal refused

Legislation: Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Federal Circuit Court Rules 2001 (Cth)

Cases cited: Singh v Minister for Immigration [2016] FCCA 1442 SZSRM v Minister for Immigration and Border Protection [2014] FCA 221 Hunter Valley Developments v Cohen (1984) 3 FCR 344 SZTDC v Minister for Immigration and Border Protection [2014] FCA 1298 CSR Limited, in the matter of CSR Limited (2010) 183 FCR 358; [2010] FCAFC 34; Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; [1991] FCA 655 Singh v Minister for Immigration and Border Protection [2015] FCA 223 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kaur v Minister for Immigration and Border Protection [2014] FCA 188; (2014) 140 ALD 350 SZSPR v Minister for Immigration and Border Protection [2013] FCA 1210; (2013) 139 ALD 109 Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32