Singh v Minister for Immigration and Border Protection [2017] FCA 1443

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2017] FCA 1443 Appeal from: Singh v Minister for Immigration & Anor [2016] FCCA 1255

File number(s): WAD 251 of 2016

Judge(s): SIOPIS J

Date of judgment: 4 December 2017

Catchwords: MIGRATION – the review applicant applied to the Migration Review Tribunal for documents relating to the review – the Tribunal declined to provide some of the documents on the basis that a certificate had been issued under s 375A of the Migration Act 1958 (Cth) in respect of those documents – the Tribunal did not provide the review applicant with a copy of the s 375A certificate – whether the Tribunal fell into jurisdictional error – whether there was a contravention of s 362A of the Migration Act.

Legislation: Migration Act 1958 (Cth) ss 97(c), 357A(2), 359A, 360, 360(1), 362A, 362A(1), 362A(2), 375A, 375A(1)(a), 375A(2) Migration Regulations 1994 (Cth) Sch 2 cl 886.225, Sch 4 PIC 4020, PIC 4020(1), PIC 4020(1)(a), PIC 4020(5)

Cases cited: Singh v Minister for Immigration & Anor [2012] FMCA 145 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 CGN15 v Minister for Immigration and Border Protection [2017] FCA 1035 Singh v Minister for Immigration and Border Protection (2016) 313 FLR 1 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Minister for Immigration and Border Protection v Dhillon (2014) 227 FCR 525 Sandhu v Minister for Immigration and Border Protection [2015] FCA 987