Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 556

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 556 Appeal from: Singh and Minister for Home Affairs (Migration) [2019] AATA 4598

File number: VID 1271 of 2019

Judge: MURPHY J

Date of judgment: 28 April 2020

Catchwords: MIGRATION – visa cancellation decision pursuant to s 501(2) of the Migration Act 1958 (Cth) – delegate found applicant failed the character test after conviction and sentence for sexually based offences involving a child – Administrative Appeals Tribunal affirmed the delegate's decision – whether the Tribunal erred by impugning or going behind the criminal sentence imposed – whether the Tribunal erred by failing to give any or appropriate consideration to the best interests of a minor child in Australia– application dismissed

Legislation: Crimes Act 1958 (Cth) Criminal Code Act 1995 (Cth) Migration Act 1958 (Cth)

Cases cited: Beckner v Minister for Immigration, Local Government and Ethnic Affairs [1991] FCA 331; (1991) 30 FCR 49 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 Minister for Immigration and Ethnic Affairs v Daniele [1981] FCA 247; 39 ALR 649 Minister for Immigration and Multicultural Affairs v "SRT" [1999] FCA 1197; (1999) 92 FCR 560 Re Du Pont v Minister for Immigration and Ethnic Affairs [1983] AATA 180 Secretary to the Department of Justice and Regulation v LLF (a Pseudonym) & Anor [2018] VSCA 155 Singh v Minister for Home Affairs [2019] FCA 905