Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 150

Federal Court of Australia

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 150 Appeal from: Application for extension of time: Singh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 4147

File number: NSD 1368 of 2020

Judgment of: LOGAN J

Date of judgment: 18 February 2021

Catchwords: PRACTICE AND PROCEDURE – application for extension of time – where applicant sought legal representation unsuccessfully – where applicant represented on pro bono basis – where legal representation unable to meet with applicant physically due to health restrictions – whether explanation for delay is adequate – where proposed ground of review does not have sufficient prospects of success – application dismissed MIGRATION – where the Tribunal affirmed the decision-maker's decision to not revoke the cancellation of the applicant's visa – whether jurisdictional error by Tribunal failing to take into account effect on applicant's spouse of non-revocation as required by paragraph 14.2(1) Direction No. 79 – where spouse gave no evidence before the Tribunal – where applicant gave contradictory evidence as to effect on spouse

Legislation: Migration Act 1958 (Cth) ss 477A, 501, 501CA

Cases cited: DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 382 ALR 246

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 29