Singha v Minister for Home Affairs [2018] FCA 999

FEDERAL COURT OF AUSTRALIA

Singha v Minister for Home Affairs [2018] FCA 999 Appeal from: Singha v Minister for Immigration & Anor [2018] FCCA 618

File number: NSD 95 of 2018

Judge: THAWLEY J

Date of judgment: 29 June 2018

Catchwords: MIGRATION – application for s 39B relief in relation to a decision of the Federal Circuit Court of Australia – where the Administrative Appeals Tribunal affirmed a decision of the delegate to refuse the applicant's medical treatment visa application on the basis that the applicant failed to satisfy the requirements in cl 602.213(5) of Schedule 2 and cl 3001 of Schedule 3 to the Migration Regulations 1994 (Cth) – where the Federal Circuit Court dismissed an application for reinstatement of proceedings – whether applicant was denied procedural fairness in the Federal Circuit Court – whether jurisdictional error or non-jurisdictional error on the face of the record

Legislation: Constitution s 75(v) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 5 Federal Circuit Court Rules 2011 (Cth) rr 13.03C(1)(c), 16.05 Migration Regulations 1994 (Cth) Schedule 2, cl 602.213, sub-cl 602.213(5); Schedule 3, cl 3001

Cases cited: Baker v Patrick Projects Pty Ltd (2014) 226 FCR 302 BXD17 v Minister for Immigration and Border Protection [2018] FCA 765 DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95 EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union (2014) 218 FCR 316 Kaur v Minister for Immigration and Border Protection [2016] FCA 565 Sayadi v Minister for Immigration and Border Protection [2014] FCA 1235 Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55