Singh v Minister for Immigration and Citizenship [2013] FCA 166

Singh v Minister for Immigration and Citizenship [2013] FCA 166

At the time of the Tribunal's decision, Trades Recognition Australia was validly specified as the relevant assessing authority for the occupation of cook. Mr Singh did not have a current, favourable skills assessment from TRA. The Tribunal was thus correct to find he did not satisfy cl 485.221 of the Migration Regulations, and there was no procedural or jurisdictional error in its process, nor any improper imposition of additional standards.

Parties
Appellant: Ranjeet Singh; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
05 March 2013
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Skilled Graduate Visa, Judicial Review, Assessment Authority Revocation, Notification of Hearing, Criteria for Subclass 485 Visa, Migration Regulations Compliance
Migration Law Skilled Graduate Visa Judicial Review Assessment Authority Revocation Notification of Hearing Criteria for Subclass 485 Visa Migration Regulations Compliance

Case Brief

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Parties

Ranjeet Singh

Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunal erred in determining Mr Singh did not meet the requirements of cl 485.221 of the Migration Regulations 1994 (Cth)
  2. 2 Whether the Tribunal's notification and rescheduling of hearing was compliant with legal requirements
  3. 3 Whether different standards were improperly applied to non-citizen qualifications

Ratio Decidendi

At the time of the Tribunal's decision, Trades Recognition Australia was validly specified as the relevant assessing authority for the occupation of cook. Mr Singh did not have a current, favourable skills assessment from TRA. The Tribunal was thus correct to find he did not satisfy cl 485.221 of the Migration Regulations, and there was no procedural or jurisdictional error in its process, nor any improper imposition of additional standards.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed with costs, fixed in the sum of $4,250.00.