Singh v Minister for Home Affairs [2019] FCA 723

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Home Affairs [2019] FCA 723 Appealed from: Application for extension of time: Singh v Minister for Immigration & Border Protection [2018] FCCA 2063

File number: NSD 1789 of 2018

Judge: FLICK J

Date of judgment: 23 May 2019

Catchwords: ADMINISTRATIVE LAW – onus upon party to adduce evidence – failure of party to attend at hearing – no necessity for Tribunal to make out case for party – no necessity to alert party to deficiencies in the evidence presented PRACTICE AND PROCEDURE – application for extension of time – proposed grounds expose no error – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11 Migration Act 1958 (Cth) ss 5F, 357A, 360, 362B, 362C Federal Court Rules 2011 (Cth) rr 31.02, 35.14, 35.33, 36.05

Cases cited: BXD17 v Minister for Immigration and Border Protection [2018] FCA 765 Luu v Renevier (1989) 91 ALR 39 MZWPN v Minister for Immigration and Multicultural Affairs [2006] FCA 807 Patel v Minister for Immigration and Border Protection [2015] FCA 1221 S58 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 283 Secretary, Department of Family and Community Services v Verney [2000] FCA 570, (2000) 60 ALD 737 Singh v Minister for Immigration & Border Protection [2018] FCCA 2063 Sullivan v Department of Transport (1978) 1 ALD 383 SZQBT v Minister for Immigration and Citizenship [2011] FCA 1281 SZQZJ v Minister for Immigration and Citizenship [2012] FCA 867 Williams v Minister for Immigration and Border Protection [2014] FCA 674, (2014) 226 FCR 112