Singh v Minister for Immigration and Border Protection [2017] FCA 921

Singh v Minister for Immigration and Border Protection [2017] FCA 921

Leave to appeal was refused because the proposed grounds disclosed no sufficient doubt that the primary judge's decision was wrong and any appeal would be doomed to fail. The primary judge's refusal of an adjournment and dismissal for non-attendance were discretionary decisions open on the medical and procedural evidence. The remaining grounds concerning the nomination application and sponsor did not disclose jurisdictional error or appealable error by the primary judge.

Jurisdiction
Australia
Judgment Date
15 August 2017
Procedural Posture
Application for Leave to Appeal From Dismissal of Migration Judicial Review Application / Leave to Appeal
Outcome
Application for leave to appeal dismissed; leave to appeal refused; Jitender Singh ordered to pay the first respondent's costs as agreed or taxed.
Legal Topics
['refusal of Regional Employer Nomination (permanent) (class Rn) (subclass 187) Visa' 'application for Leave to Appeal' 'interlocutory Orders' 'dismissal for Non Attendance' 'adjournment Application' 'jurisdictional Error']
['migration' 'administrative Law' 'judicial Review'] ['refusal of Regional Employer Nomination (permanent) (class Rn) (subclass 187) Visa' 'application for Leave to Appeal' 'interlocutory Orders' 'dismissal for Non Attendance' 'adjournment Application' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Dismissal of Migration Judicial Review Application / Leave to Appeal

Legal Issues

  1. 1 ['Whether the notice of appeal should be treated as an application for leave to appeal from interlocutory orders of the Federal Circuit Court of Australia.' 'Whether the primary judge erred in refusing an adjournment and dismissing the judicial review application for non-attendance under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).' 'Whether alleged errors by a migration agent in lodging documents for the nomination application disclosed any appealable error or jurisdictional error.' "Whether the Tribunal's reliance on information given by Mr Singh about the sponsor's nomination disclosed any jurisdictional error."]

Ratio Decidendi

Leave to appeal was refused because the proposed grounds disclosed no sufficient doubt that the primary judge's decision was wrong and any appeal would be doomed to fail. The primary judge's refusal of an adjournment and dismissal for non-attendance were discretionary decisions open on the medical and procedural evidence. The remaining grounds concerning the nomination application and sponsor did not disclose jurisdictional error or appealable error by the primary judge.

Court Disposition

Application for leave to appeal dismissed; leave to appeal refused; Jitender Singh ordered to pay the first respondent's costs as agreed or taxed.

Orders

  • ['The notice of appeal from the Federal Circuit Court of Australia filed on 20 April 2017 is taken to be an application for leave to appeal.' 'The application for leave to appeal is dismissed.' "Jitender Singh must pay the first respondent's costs as agreed or taxed."]