Singh v Minister for Immigration and Border Protection [2018] FCAFC 162

Singh v Minister for Immigration and Border Protection [2018] FCAFC 162

The Tribunal did not breach s 359A because the appellant already knew and had responded to the substance of the dob in letter, the Tribunal accepted that she had commenced work and did not rely on the uncommunicated material as a reason for affirming cancellation, and the information was in any event information given by the appellant within s 359A(4)(b) and (ba). The husband's visa was cancelled automatically under s 137T because it depended on the appellant's visa, so no administrative decision was made in relation to him, he had no separate reviewable decision or standing under s 347(2), and there was no basis to join him or find a breach of s 360.

Jurisdiction
Australia
Judgment Date
27 September 2018
Procedural Posture
Migration Appeal / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Tribunal Decision Affirming Cancellation of a Regional Employer Nomination (permanent) (class Rn) (subclass 187) Visa
Outcome
Appeal dismissed with costs.
Legal Topics
['visa Cancellation' 'regional Sponsored Employment Visa' 'procedural Fairness' 'migration Act 1958 (cth) S 359 A' 'automatic Cancellation of Family Member Visa' 'joinder' 'standing to Seek Tribunal Review']
['migration Law' 'administrative Law'] ['visa Cancellation' 'regional Sponsored Employment Visa' 'procedural Fairness' 'migration Act 1958 (cth) S 359 A' 'automatic Cancellation of Family Member Visa' 'joinder' 'standing to Seek Tribunal Review']

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Procedural Posture

Migration Appeal / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Tribunal Decision Affirming Cancellation of a Regional Employer Nomination (permanent) (class Rn) (subclass 187) Visa

Legal Issues

  1. 1 ["Whether the Tribunal breached s 359A of the Migration Act 1958 (Cth) by failing to communicate information in the sponsor's dob in letter to the appellant." "Whether the appellant's husband was an applicant before the Tribunal or should have been joined in the Federal Circuit Court proceeding." "Whether s 360 of the Migration Act 1958 (Cth) was breached in respect of the appellant's husband." "Whether the appellant's husband had standing under s 347(2)(a) to seek review of the cancellation decision made in relation to the appellant." "Whether cancellation of the husband's visa under s 137T occurred by operation of law rather than by an administrative decision."]

Ratio Decidendi

The Tribunal did not breach s 359A because the appellant already knew and had responded to the substance of the dob in letter, the Tribunal accepted that she had commenced work and did not rely on the uncommunicated material as a reason for affirming cancellation, and the information was in any event information given by the appellant within s 359A(4)(b) and (ba). The husband's visa was cancelled automatically under s 137T because it depended on the appellant's visa, so no administrative decision was made in relation to him, he had no separate reviewable decision or standing under s 347(2), and there was no basis to join him or find a breach of s 360.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs, to be agreed or assessed."]