Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration and Border Protection [2017] FCA 475 Appeal from: Singh v Minister for Immigration and Border Protection [2016] FCCA 1400
File number: VID 719 of 2016
Judge: KENNY J
Date of judgment: 10 May 2017
Catchwords: MIGRATION – application for a skilled visa – where Tribunal found that appellant did not meet Public Interest Criterion 4020 – where appellant did not appear at Tribunal hearing – whether appellant denied procedural fairness – whether bogus document findings were open to the Tribunal – effect of failure to define "recognised countries" in Ministerial instrument and thereby indicate the relevant assessing authority – appeal dismissed PRACTICE AND PROCEDURE – where grounds of appeal were not raised in the Court below – whether leave should be granted – leave refused
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Migration Amendment Regulations 2011 (No 1) (Cth)
Cases cited: Arora v Minister for Immigration and Border Protection [2016] FCAFC 35; 238 FCR 153 Batra v Minister for Immigration and Citizenship [2012] FMCA 544; 265 FLR 461 Batra v Minister for Immigration and Citizenship [2013] FCA 274; 212 FCR 84 Kaur v Minister for Immigration and Border Protection [2014] FCA 1276 Minister for Immigration and Border Protection v Sandhu [2016] FCA 130 Mudiyanselage v Minister for Immigration and Citizenship [2013] FCA 266; 211 FCR 27 Nanre v Minister for Immigration and Border Protection [2015] FCA 528; 232 FCR 80 Sharma v Minister for Immigration [2014] FCCA 2821; 291 FLR 289 Sharma v Minister for Immigration and Border Protection [2015] FCCA 2669 Singh v Minister for Immigration [2012] FMCA 145 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; 243 FCR 220 Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42; 220 FCR 169 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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