Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Singh [2020] FCA 1384

Federal Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Singh [2020] FCA 1384 Review of: Singh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 237

File number: NSD 353 of 2020

Judgment of: BROMWICH J

Date of judgment: 28 September 2020

Catchwords: MIGRATION – application for an order in the nature of certiorari to quash a decision of the Administrative Appeals Tribunal – whether Tribunal erred in finding that the delegate did not have jurisdiction to cancel the first respondent's visa pursuant to Migration Act 1958 (Cth) s 501(3A) – whether Tribunal misconstrued s 501(3A), including by finding that the condition in s 501(3A)(b) is only satisfied where the sentence of imprisonment being served is for the same offence by which the Minister was satisfied that the person does not pass the character test (s 501(3A)(a)) – application granted; Tribunal decision set aside; application for merits review remitted to the Tribunal to be heard according to law; no reason why the same Tribunal member cannot hear the remitted application

Legislation: Migration Act 1958 (Cth) s 476A, s 501(3A), s 501(7), s 501CA

Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) [2009] HCA 41; 239 CLR 27 Brown v Minister for Immigration and Citizenship [2010] FCAFC 33; 183 FCR 113 Ketjan v Assistant Minister for Immigration and Border Protection [2019] FCAFC 207; 273 FCR 105

Division: General Division

Registry: New South Wales