Singha v Minister for Home Affairs [2018] FCA 999

Singha v Minister for Home Affairs [2018] FCA 999

The applicant was afforded a proper opportunity to present his reinstatement application and was not denied procedural fairness. The Federal Circuit Court was entitled to give no weight to the unsatisfactory medical certificate, and correctly refused reinstatement because the substantive judicial review application was bound to fail: the applicant applied for the medical treatment visa more than two years outside the 28-day period required by cl 3001 of Schedule 3, and there was no power to waive that requirement. No jurisdictional error or other error was shown.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) for Relief in Relation to a Decision of the Federal Circuit Court of Australia Dismissing an Application for Reinstatement of Proceedings / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
['medical Treatment (visitor) (class Ub) Visa' 'schedule 3 Criterion 3001' 'procedural Fairness' 'jurisdictional Error' 'non Jurisdictional Error on the Face of the Record' 'reinstatement of Federal Circuit Court Proceedings']
['migration' 'administrative Law' 'constitutional Law' 'judicial Review'] ['medical Treatment (visitor) (class Ub) Visa' 'schedule 3 Criterion 3001' 'procedural Fairness' 'jurisdictional Error' 'non Jurisdictional Error on the Face of the Record' 'reinstatement of Federal Circuit Court Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) for Relief in Relation to a Decision of the Federal Circuit Court of Australia Dismissing an Application for Reinstatement of Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant was denied procedural fairness in the Federal Circuit Court.' 'Whether the Federal Circuit Court made jurisdictional error or non-jurisdictional error on the face of the record in refusing to reinstate the proceedings.' 'Whether there was any power to waive the requirement in cl 3001 of Schedule 3 to the Migration Regulations 1994 (Cth).' 'Whether the substantive application for judicial review had any prospect of success.']

Ratio Decidendi

The applicant was afforded a proper opportunity to present his reinstatement application and was not denied procedural fairness. The Federal Circuit Court was entitled to give no weight to the unsatisfactory medical certificate, and correctly refused reinstatement because the substantive judicial review application was bound to fail: the applicant applied for the medical treatment visa more than two years outside the 28-day period required by cl 3001 of Schedule 3, and there was no power to waive that requirement. No jurisdictional error or other error was shown.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of and incidental to the application, to be fixed by way of a lump sum." "Within 14 days, the parties file any agreed proposed minute of orders fixing a lump sum in relation to the first respondent's costs." "In the absence of any...