Federal Court of Australia
Federal Court of Australia
Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 507 Appeal from: Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 367
File number(s): NSD 1284 of 2021
Judgment of: RARES J
Date of judgment: 6 May 2022
Catchwords: MIGRATION – whether Administrative Appeals Tribunal erred in failing to call witness that visa applicant requested later than time prescribed in s 361(2) of the Migration Act 1958 (Cth) – where request said witness would corroborate fact that Tribunal later found – where Tribunal gave no reason for its failure to call witness – whether realistic possibility that witness' evidence could have affected outcome – Held: appeal dismissed
Legislation: Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Migration Legislation Amendment (Temporary Skill Shortage Visa Complementary Reforms) Regulations 2018 (Cth)
Cases cited: AYX 17 v Minister for Immigration and Border Protection (2018) 262 FCR 317 BOX16 v Minister for Immigration and Border Protection [2020] FCA 801 CDJ v VAJ (1998) 197 CLR 172 CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590 W360/01A v Minister for Immigration and Multicultural Affairs (2002) 124 FCR 449
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