Singh v Minister for Home Affairs [2018] FCA 1337

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Home Affairs [2018] FCA 1337 Appeal from: Singh v Minister for Immigration and Border Protection & Anor [2018] FCCA 506

File number(s): VID 208 of 2018

Judge(s): MIDDLETON J

Date of judgment: 27 August 2018

Legislation: Migration Regulations 1994 (Cth)

Date of hearing: 27 August 2018

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 18

Counsel for the Appellant: The Appellant appeared in person

Counsel for the First Respondent: Mr A Yuile

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs

ORDERS VID 208 of 2018

BETWEEN: CHANDANBIR SINGH Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MIDDLETON J DATE OF ORDER: 27 August 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent of and in connection with the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MIDDLETON J:

INTRODUCTION 1 The appellant, Mr Singh (the 'Appellant'), has appealed from a judgment of the Federal Circuit Court (the 'FCC'). The FCC ordered that his application for judicial review of a decision of the Administrative Appeals Tribunal (the 'Tribunal') be dismissed with costs. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Border Protection (the 'Minister') that leave to appeal be refused with costs with respect to granting the Applicant a distinguished talent residence class BX subclass 858 visa (the 'Visa').