Singh v Minister for Immigration and Border Protection [2014] FCA 563

Singh v Minister for Immigration and Border Protection [2014] FCA 563

Leave to appeal was refused as no appellable error was apparent, the applicant had been given sufficient opportunities to be heard and present evidence, and the Tribunal acted lawfully in making its decision given the absence of evidence provided by the applicant.

Parties
Applicant: Gurtejbant Singh; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
28 May 2014
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal
Outcome
Application for adjournment and application for leave to appeal dismissed with costs.
Legal Topics
Application for Leave to Appeal, Interlocutory Decision, Opportunity to Be Heard, Judicial Review
Practice and Procedure Migration Law Application for Leave to Appeal Interlocutory Decision Opportunity to Be Heard Judicial Review

Case Brief

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Parties

Gurtejbant Singh

Applicant

Minister for Immigration and Border Protection

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from interlocutory decision
  2. 2 Whether applicant was given sufficient opportunity to be heard
  3. 3 Whether there is an appellable error in the decision below regarding judicial review of refusal of student visa

Ratio Decidendi

Leave to appeal was refused as no appellable error was apparent, the applicant had been given sufficient opportunities to be heard and present evidence, and the Tribunal acted lawfully in making its decision given the absence of evidence provided by the applicant.

Court Disposition

Application for adjournment and application for leave to appeal dismissed with costs.

Orders

  • The applicant's application for an adjournment filed on 26 May 2014 be dismissed.
  • The application for leave to appeal be dismissed.