Singh v Minister for Immigration and Border Protection [2019] FCA 141

Singh v Minister for Immigration and Border Protection [2019] FCA 141

The appeal was dismissed because the appellants could not satisfy the Australian study requirement for the Graduate Work Stream visa, and neither misapprehension by the appellants nor mistake by the Tribunal amounted to jurisdictional error.

Parties
First Appellant: Gurwinder Singh; Second Appellant: Ranjit Kaur; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
07 February 2019
Procedural Posture
Appeal From Federal Circuit Court / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Australian Study Requirement, Graduate Work Stream Visa, Jurisdictional Error
Administrative Law Migration Law Judicial Review Australian Study Requirement Graduate Work Stream Visa Jurisdictional Error

Case Brief

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Parties

Gurwinder Singh

First Appellant

Ranjit Kaur

Second Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal From Federal Circuit Court / Judgment

Legal Issues

  1. 1 Whether appellants met the Australian Study Requirement for a Graduate Work Stream visa
  2. 2 Whether misapprehension by the appellants or their migration agent gave rise to jurisdictional error
  3. 3 Whether an error by the Tribunal in finding the first appellant did not satisfy the skills requirement amounted to jurisdictional error

Ratio Decidendi

The appeal was dismissed because the appellants could not satisfy the Australian study requirement for the Graduate Work Stream visa, and neither misapprehension by the appellants nor mistake by the Tribunal amounted to jurisdictional error.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Appellants are to pay the First Respondent's costs of, and incidental to, the appeal fixed in the sum of $3,500.