Singh v Minister for Immigration and Border Protection [2016] FCA 1298

Singh v Minister for Immigration and Border Protection [2016] FCA 1298

Because the applicant's proposed argument concerning ss 359A and 360(3) was arguable, and because there was doubt about whether Hasran dealt with the circumstance where an invitation to attend a hearing preceded the request for further information, the legal question raised by the first ground of the draft notice of appeal should be considered by a Full Court; it would be inconvenient to deal with that ground separately, so the proceeding as a whole should be determined by a Full Court.

Jurisdiction
Australia
Judgment Date
02 November 2016
Procedural Posture
Appeal From Singh V Minister for Immigration and Border Protection & Anor [2016] FCCA 1182; Application for Extension of Time and Leave to Adduce a Fresh Argument on Appeal / Federal Court Orders That the Unopposed Applications And, If Granted, the Appeal Be Heard by a Full Court
Outcome
The unopposed applications for extension of time and leave to adduce a fresh argument on appeal, and if granted the appeal, were ordered to be heard by a Full Court; the first respondent was ordered to file and serve an application book; costs were reserved.
Legal Topics
['migration Review Procedure' 'extension of Time to Appeal' 'leave to Raise Fresh Argument on Appeal' 'operation of Migration Act 1958 (cth) Ss 359 a and 360(3)' 'referral to Full Court']
['administrative Law' 'migration Law'] ['migration Review Procedure' 'extension of Time to Appeal' 'leave to Raise Fresh Argument on Appeal' 'operation of Migration Act 1958 (cth) Ss 359 a and 360(3)' 'referral to Full Court']

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Procedural Posture

Appeal From Singh V Minister for Immigration and Border Protection & Anor [2016] FCCA 1182; Application for Extension of Time and Leave to Adduce a Fresh Argument on Appeal / Federal Court Orders That the Unopposed Applications And, If Granted, the Appeal Be Heard by a Full Court

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to appeal to the Federal Court.' 'Whether the applicant should have leave to adduce an argument not advanced before the Federal Circuit Court.' 'Whether, where an invitation to attend a review hearing preceded an invitation to provide information under s 359A of the Migration Act 1958 (Cth), the prohibition on a hearing in s 360(3) applies.' 'Whether Hasran v Minister for Immigration and Citizenship [2010] FCAFC 40; 183 FCR 413 dealt with or intended to deal with the circumstance arising in this case.']

Ratio Decidendi

Because the applicant's proposed argument concerning ss 359A and 360(3) was arguable, and because there was doubt about whether Hasran dealt with the circumstance where an invitation to attend a hearing preceded the request for further information, the legal question raised by the first ground of the draft notice of appeal should be considered by a Full Court; it would be inconvenient to deal with that ground separately, so the proceeding as a whole should be determined by a Full Court.

Court Disposition

The unopposed applications for extension of time and leave to adduce a fresh argument on appeal, and if granted the appeal, were ordered to be heard by a Full Court; the first respondent was ordered to file and serve an application book; costs were reserved.

Orders

  • ['The unopposed application for an extension of time and the unopposed application for leave to adduce a fresh argument on appeal and, if those applications are granted, the appeal be heard by a Full Court.' 'By 3 November 2016 the first respondent file and serve an application book containing the material which was...