Singh v Minister for Immigration and Border Protection [2015] FCA 487

Singh v Minister for Immigration and Border Protection [2015] FCA 487

The application for leave to appeal was dismissed because the applicant failed to attend the hearing despite notice of the hearing and directions, had not filed required submissions or a draft notice of appeal, and r 35.33(1) of the Federal Court Rules 2011 (Cth) permitted dismissal in those circumstances. In any event, leave was not justified because the material disclosed no arguable appealable error in the Federal Circuit Court judgment and no arguable jurisdictional error in the Tribunal decision: the employer nomination by AAJ India Pty Ltd had not been approved, so the applicant could not satisfy cl 857.221 of Sch 2 to the Migration Regulations 1994 (Cth), and he had been given...

Jurisdiction
Australia
Judgment Date
19 May 2015
Procedural Posture
Application for Leave to Appeal From a Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review of a Migration Review Tribunal Decision / Application for Leave to Appeal Dismissed
Outcome
The application for leave to appeal was dismissed and the applicant was ordered to pay the first respondent's costs fixed at $1,756.
Legal Topics
['non Attendance at Hearing' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'jurisdictional Error' 'employer Nomination (residence) (class Bw) Visa Subclass 857']
['migration Law' 'administrative Law' 'civil Procedure'] ['non Attendance at Hearing' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'jurisdictional Error' 'employer Nomination (residence) (class Bw) Visa Subclass 857']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review of a Migration Review Tribunal Decision / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Court should proceed in the applicant's absence and dismiss the application for leave to appeal under r 35.33(1) of the Federal Court Rules 2011 (Cth)." 'Whether the Federal Circuit Court decision was attended with sufficient doubt to warrant reconsideration and whether substantial injustice would result if leave to appeal were refused.' "Whether the Tribunal's decision disclosed arguable jurisdictional error, including denial of procedural fairness, not identified by the Federal Circuit Court." 'Whether the applicant could satisfy cl 857.221 of Sch 2 to the Migration Regulations 1994 (Cth) when the employer nomination by AAJ India Pty Ltd had not been approved.']

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to attend the hearing despite notice of the hearing and directions, had not filed required submissions or a draft notice of appeal, and r 35.33(1) of the Federal Court Rules 2011 (Cth) permitted dismissal in those circumstances. In any event, leave was not justified because the material disclosed no arguable appealable error in the Federal Circuit Court judgment and no arguable jurisdictional error in the Tribunal decision: the employer nomination by AAJ India Pty Ltd had not been approved, so the applicant could not satisfy cl 857.221 of Sch 2 to the Migration Regulations 1994 (Cth), and he had been given...

Court Disposition

The application for leave to appeal was dismissed and the applicant was ordered to pay the first respondent's costs fixed at $1,756.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application, fixed in the amount of $1,756."]