Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration and Border Protection [2017] FCA 1285 Appeal from: Singh v Minister for Immigration and Anor [2017] FCCA 701
File number: VID 373 of 2017
Judge: MURPHY J
Date of judgment: 3 November 2017
Catchwords: MIGRATION – Appeal from Federal Circuit Court – application for Skilled (Provisional) (Class VC) Subclass 485 visa – visa application rejected for failure to meet Public Interest Criterion 4020 in Migration Regulations – decision made on the basis that the decision-maker reasonably suspected that the applicant provided a "bogus document" to the Department – whether Tribunal failed to take into account a significant piece of evidence - whether Tribunal applied the correct test in relation to "bogus document" – whether Tribunal failed to make an obvious inquiry about a critical fact, the existence of which is easily ascertained - application dismissed.
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510; [1999] HCA 14 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174 Gill v Minister for Immigration and Border Protection [2017] FCAFC 51 Hird v Chief Executive Officer of the Australian Sports Anti-Doping Authority (2015) 227 FCR 95; [2015] FCAFC 7 Minister for Immigration and Border Protection v Dhillon (2014) 227 FCR 525; [2014] FCAFC 157 Minister for Immigration and Border Protection v MZYTS and Another (2013) 230 FCR 431; [2013] FCAFC 114 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67; [2014] FCAFC 16 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151; [2007] FCA 1318 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 Minister for Immigration and Citizenship v SZRKT and Another (2013) 212 FCR 99; [2013] FCA 317 MZZGB v Minister for Immigration and Border Protection [2014] FCA 1052 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155; [1985] FCA 46 R v Connell; ex parte The Hetton Bellbird Collieries (1944) 69 CLR 407; [1944] HCA 42 Singh v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 152; [2001] FCA 389 SZMJM v Minister for Immigration and Citizenship [2010] FCA 309 Water Board v Moustakas (1988) 180 CLR 491; [1988] HCA 12 Wei v Minister for Immigration (2015) 257 CLR 22; [2015] HCA 51
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