Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 820

Federal Court of Australia

Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 820 Appeal from: Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2094

File number: NSD 885 of 2021

Judgment of: LEE J

Date of judgment: 20 July 2023

Catchwords: MIGRATION – application for leave to appeal from Federal Circuit Court of Australia (FCC) – where first respondent (Minister) refused applicants' applications for visas – where second respondent upheld Minister's decision – where FCC dismissed application for judicial review pursuant to r 44.12 of the Federal Circuit Court Rules 2001 (Cth) (repealed) – where FCC concluded no arguable case – whether FCC decision attended with sufficient doubt – leave to appeal refused

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 65, 359A, 359C(2), 576 Migration Regulations 1994 (Cth) Sch 2, Pt 187, cll 186.233, 186.311(a), 186.312, 187.233, 187.233(3) Federal Circuit Court Rules 2001 (Cth) (repealed) rr 13.03C(1)(c), 44.12, 44.12(2) Federal Court Rules 2011 (Cth) r 35.11

Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 EPE19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 170 House v The King (1936) 55 CLR 499 McKenzie v McKenzie [1970] 3 WLR 472 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2094 SZTOV v Minister for Immigration and Border Protection [2014] FCA 942