Singh v Minister for Home Affairs [2019] FCA 723

Singh v Minister for Home Affairs [2019] FCA 723

The application for extension of time was refused because the proposed appeal had no sufficient merit. No appellable error was shown in the primary Judge's decision, and no error was apparent in the Tribunal's April 2016 refusal to reinstate the application: the Applicant had failed to attend the Tribunal hearing, the adequacy of the evidence supporting reinstatement was for him to establish, the medical certificate was open to be treated as inadequate, and procedural fairness did not require the Tribunal to alert him to deficiencies in that certificate or to make out his case. Although the Applicant failed to appear in the Federal Court, the preferable course was to reject dismissal...

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Application for Extension of Time in Which to Appeal From a Federal Circuit Court Decision Dismissing Review of an Administrative Appeals Tribunal Migration Decision / Federal Court Hearing; Applicant Absent; Oral Application for Dismissal Under R 35.33 and Application for Extension of Time Determined
Outcome
Oral application for dismissal under r 35.33 rejected; application for extension of time refused; proceeding dismissed; Applicant ordered to pay the First Respondent's costs.
Legal Topics
['extension of Time' 'failure to Attend Hearing' 'procedural Fairness' 'administrative Appeals Tribunal Reinstatement Application' 'medical Certificate Evidence' 'partner Visa Refusal']
['administrative Law' 'migration Law' 'practice and Procedure'] ['extension of Time' 'failure to Attend Hearing' 'procedural Fairness' 'administrative Appeals Tribunal Reinstatement Application' 'medical Certificate Evidence' 'partner Visa Refusal']

Case Brief

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Procedural Posture

Application for Extension of Time in Which to Appeal From a Federal Circuit Court Decision Dismissing Review of an Administrative Appeals Tribunal Migration Decision / Federal Court Hearing; Applicant Absent; Oral Application for Dismissal Under R 35.33 and Application for Extension of Time Determined

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed under r 35.33 of the Federal Court Rules 2011 (Cth) because the Applicant failed to appear.' 'Whether time should be extended to appeal from the Federal Circuit Court decision.' "Whether the proposed appeal exposed any error in the primary Judge's treatment of the Tribunal's refusal to reinstate the application under s 362B of the Migration Act 1958 (Cth)." 'Whether procedural fairness required the Tribunal to alert the Applicant to deficiencies in his medical certificate or otherwise make out his case.']

Ratio Decidendi

The application for extension of time was refused because the proposed appeal had no sufficient merit. No appellable error was shown in the primary Judge's decision, and no error was apparent in the Tribunal's April 2016 refusal to reinstate the application: the Applicant had failed to attend the Tribunal hearing, the adequacy of the evidence supporting reinstatement was for him to establish, the medical certificate was open to be treated as inadequate, and procedural fairness did not require the Tribunal to alert him to deficiencies in that certificate or to make out his case. Although the Applicant failed to appear in the Federal Court, the preferable course was to reject dismissal...

Court Disposition

Oral application for dismissal under r 35.33 rejected; application for extension of time refused; proceeding dismissed; Applicant ordered to pay the First Respondent's costs.

Orders

  • ['The oral application for dismissal of the proceeding pursuant to r 35.33 of the Federal Court Rules 2011 (Cth) is rejected.' 'The Application for an Extension of Time is refused.' 'The proceeding is dismissed.' 'The Applicant is to pay the costs of the First Respondent, either as assessed or agreed.']