Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Singh [2017] FCA 1297 Appeal from: Singh v Minister for Immigration & Anor [2016] FCCA 3343
File number: NSD 135 of 2017
Judge: CHARLESWORTH J
Date of judgment: 9 November 2017
Catchwords: MIGRATION — finding that review applicant had not been honest with Tribunal about times for sitting English competency test – Tribunal refused to grant applicant further time to sit test – whether review applicant denied procedural fairness in respect of dishonesty finding — whether common law rule of procedural fairness apply in respect of a review conducted under Pt 5 of the Migration Act 1958 (Cth) – unnecessary to decide question of construction — unnecessary for Tribunal to expressly foreshadow dishonesty finding in any construction
Legislation: Migration Act 1958 (Cth), ss 45, 65, 357A, 359A, 360, 363, 476 Migration Regulations 1994 (Cth), reg 1.15C, cl 885.213,
Cases cited: Berenguel v Minister for Immigration and Citizenship [2010] HCA 8, (2010) 264 ALR 417 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Minister for Immigration and Citizenship v Li (2012) 202 FCR 387 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMOK (2009) 247 FCR 404 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Singh v Minister for Immigration & Anor [2016] FCCA 3343 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152
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