Singh v Minister for Immigration and Border Protection [2018] FCA 1835

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2018] FCA 1835 Appeal from: Singh v Minister for Immigration and Border Protection [2018] FCCA 1454

File number(s): NSD 1242 of 2018

Judge(s): FARRELL J

Date of judgment: 23 November 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – partner visa – appellant found not to be genuine spouse of the sponsor – information subject to certificates issued under s 375A of the Migration Act 1958 (Cth) – Tribunal refused request by appellant's authorised recipient to extend time to comment on the information – whether the disclosure of the material under s 359A of the Migration Act was sufficient – whether the Tribunal fell into jurisdictional error by refusing to extend time to respond to adverse information – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 359A, 362A, 369B, 375A, 379C, 379G, 438 Federal Circuit Court Rules 2001 (Cth) r 44.12 Migration Regulations 1994 (Cth) Sch 2 subcl 100.221, reg 4.17 Explanatory Memorandum to the Migration Legislation Amendment Bill (No 1) 2014 (Cth)

Cases cited: CEF15 v Minister for Immigration and Border Protection [2018] FCCA 656 Minister for Immigration and Border Protection v CQZ15 (2017) 253 FCR 1; [2017] FCAFC 194 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305; [2016] FCAFC 183 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1; [2016] FCA 1081 Singh v Minister for Immigration and Border Protection [2015] FCCA 533 Singh v Minister for Immigration and Border Protection [2018] FCCA 1454 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184