Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 774

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 774 Appeal from: Singh v Minister for Immigration & Anor [2019] FCCA 2862

File number: SAD 217 of 2019

Judge: RANGIAH J

Date of judgment: 10 June 2020

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – review of decision of Administrative Appeals Tribunal – refusal of Temporary Graduate visa – finding by primary judge that denial of procedural fairness would not have affected outcome – where applicant applied for a visa in the wrong stream – whether Tribunal has the power to grant a visa from a different stream – appeal dismissed

Legislation: Migration Act 1994 (Cth) ss 29, 30, 31, 33, 45, 46, 47, 65, 362B and 362C Public Governance, Performance and Accountability Act 2013 (Cth) s 65 Migration Regulations 1994 (Cth) regs 2.01, 2.02, 2.03 and 2.07, cl 1229 of Sch 1 and Pt 485 of Sch 2

Cases cited: Buksh v Minister for Immigration, Local Government and Ethnic Affairs (1991) 24 ALD 433 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Huynh v Minister for Immigration and Citizenship (2012) 269 FLR 92; [2012] FMCA 864 Huynh v Minister for Immigration and Citizenship (2013) 210 FCR 580 Minister for Immigration and Multicultural Affairs v "A" (1999) 91 FCR 435 Minister for Immigration and Multicultural Affairs v Hayman (1999) 90 FCR 120 Minister for Immigration, Local Government and Ethnic Affairs v Buksh (1992) 26 ALD 399 Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245