Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1543

Federal Court of Australia

Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1543 Appeal from: Singh v Minister for Immigration and Border Protection [2021] FCCA 416

File number: VID 166 of 2021

Judgment of: SARAH C DERRINGTON J

Date of judgment: 6 December 2022

Catchwords: MIGRATION – Administrative Appeals Tribunal refused to grant appellant a Skilled (Residence) visa on the basis that appellant did not satisfy Public Interest Criterion 4020 of Sch 4 to the Migration Regulations 1994 (Cth) – whether visa application was unfairly determined by the delegate of the Minister for Immigration and Border Protection, Tribunal and Federal Circuit Court (FCC) because it was contrary to natural justice – whether Tribunal and FCC made a decision on "mere suspicion without any evidence or material of probative value" and used evidence from another Tribunal proceeding – whether the use of the words "may be" and "cast doubt" and "real suspicions" "stand nowhere in a real verdict or justice" PRACTICE AND PROCEDURE – application for adjournment of hearing on the basis applicant was unable to apply for visa based on currency of his Indian passport and inability to appear via video link due to time difference

Legislation: Migration Act 1958 (Cth) Pt 5, ss 5, 359, 359A, 360, 363(3) Migration Regulations 1994 (Cth) Sch 4

Cases cited: NBNB v Minister for Immigration and Border Protection [2014] FCAFC 39; 220 FCR 44 Nguyen v Minister for Immigration and Border Protection [2019] FCA 159 Singh v Minister for Immigration and Border Protection [2021] FCCA 416 Sneddon v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156; 230 FCR 82 Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174; 265 FCR 177 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; 219 FCR 212