Federal Court of Australia
Federal Court of Australia
Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 421 Appeal from: Singh v Minister for Immigration & Anor [2020] FCCA 2677
File number: WAD 238 of 2020
Judgment of: WIGNEY J
Date of judgment: 27 April 2021
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – citizen of India gained student visa on the basis of skill and experience as motor mechanic – where fraudulent work reference – where public interest criterion 4020 not satisfied – whether Tribunal made illogical finding that documents were bogus – whether unfair burden or onus on appellant to prove documents were genuine – whether Tribunal's decision affected by jurisdictional error – whether new ground of appeal allowed to be raised where unexplained – unjustified grounds of appeal rejected – application for leave to raise new ground rejected
Legislation: Migration Act 1958 (Cth), s 5(1) Migration Regulations 1994 (Cth), Sch 4, public interest criterion 4020
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 BXT17 v Minister for Home Affairs [2021] FCAFC 9 Coulton v Holcombe (1986) 162 CLR 1 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309; [2017] FCAFC 51 Kaur v Minister for Immigration and Border Protection (2017) 256 FCR 235; [2017] FCAFC 184 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305; [2016] FCAFC 183 Minister for Immigration and Border Protection v Singh [2017] HCATrans 107 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2020] HCA 16 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81; [2017] FCAFC 200 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173; [2015] HCA 50 Singh v Minister for Immigration & Anor [2016] FCCA 2464 Singh v Minister for Immigration & Anor [2020] FCCA 2677 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158
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