Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2149

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2149 Appeal from: Singh v Minister for Immigration & Anor [2019] FCCA 1452

File number: VID 663 of 2019

Judge: BEACH J

Date of judgment: 19 December 2019

Catchwords: MIGRATION – refusal to grant student visa – jurisdictional error – appeal from Federal Circuit Court – appeal dismissed

Legislation: Migration Legislation Amendment (2016 Measures No. 1) Regulations 2016 (Cth) Sch 4, cl 32 Migration Regulations 1994 (Cth) Sch 2, subcl 572.223(2)(a), Sch 5A, cl 5A408

Date of hearing: 6 December 2019

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 35

Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter

Solicitor for the First Respondent: Mr C van der Westhuizen of DLA Piper Australia

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

ORDERS VID 663 of 2019

BETWEEN: JAIGURWANT SINGH Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: BEACH J DATE OF ORDER: 19 December 2019

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to read "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs" and that the title to this proceeding be amended accordingly. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs of and incidental to the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.