Singh v Minister for Immigration and Border Protection [2017] FCA 213

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2017] FCA 213 Appeal from: Singh v Minister for Immigration & Anor [2016] FCCA 2264

File number: VID 1018 of 2016

Judge: MURPHY J

Date of judgment: 6 March 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court affirming Migration Review Tribunal refusal to grant Student (Temporary) (Class TU) visa – no evidence of enrolment – no grounds to overturn decision below – appeal dismissed

Legislation: Migration Regulations 1994

Date of hearing: 6 March 2017

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 14

Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter

Solicitor for the First Respondent: Mr A Cunynghame of Sparke Helmore Lawyers

Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs

ORDERS VID 1018 of 2016

BETWEEN: DALJIT SINGH Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MURPHY J DATE OF ORDER: 6 MARCH 2017

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The Appellant pay the First Respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT (revised from transcript)

MURPHY J: 1 The appellant is a citizen of India. He arrived in Australia more than six years ago, initially on a Subclass 573 student visa. While in Australia, on 11 March 2014, he applied for a Student (Temporary) (Class TU) visa (the visa) to undertake study in Australia. On 16 May 2014 a delegate of the first respondent, the Minister for Immigration and Border Protection (the Minister), refused to grant the visa. On 1 June 2014 the appellant applied to review that decision to the Migration Review Tribunal (the Tribunal) (now the Administrative Appeals Tribunal), but the Tribunal affirmed the decision. On 18 February 2015 the appellant applied to the Federal Circuit Court for judicial review of the Tribunal's decision, but the Federal Circuit Court dismissed the application (Singh v Minister for Immigration and Anor [2016] FCCA 2264). 2 The appellant now appeals to this Court from the decision of the Federal Circuit Court.