Singh v Minister for Immigration and Border Protection [2015] FCA 223

Singh v Minister for Immigration and Border Protection [2015] FCA 223

Although the delay in filing was short, the proposed appeal was wholly lacking in merit. The Federal Circuit Court's dismissal of the judicial review application in the applicant's absence disclosed no House v R error, the medical material provided did not adequately justify an adjournment, Trades Recognition Australia was specified by IMMI 12/068 as the relevant assessing authority for Hairdresser, and the Tribunal was empowered to decide the review when the applicant failed to provide requested information and failed to attend the Tribunal hearing. Accordingly, there was no utility in extending time and the application for an extension of time was dismissed.

Jurisdiction
Australia
Judgment Date
17 March 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal From Dismissal of Migration Judicial Review Proceedings / Federal Court Determination of Application for Extension of Time and Leave to Appeal From the Federal Circuit Court
Outcome
The application for an extension of time within which to seek leave to appeal was dismissed with costs fixed in the sum of $1756.00; the stay of the dismissal orders was vacated.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'jurisdictional Error' 'procedural Fairness' 'subclass 485 Visa' 'dismissal in Absence of Applicant' 'skills Assessment by Relevant Assessing Authority']
['migration' 'administrative Law' 'federal Court Procedure'] ['extension of Time to Appeal' 'leave to Appeal' 'jurisdictional Error' 'procedural Fairness' 'subclass 485 Visa' 'dismissal in Absence of Applicant' 'skills Assessment by Relevant Assessing Authority']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From Dismissal of Migration Judicial Review Proceedings / Federal Court Determination of Application for Extension of Time and Leave to Appeal From the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to appeal from the Federal Circuit Court decision' 'Whether leave to appeal was necessary and should be granted' "Whether the Federal Circuit Court erred in dismissing the judicial review application in the applicant's absence" 'Whether the Tribunal made jurisdictional error in affirming refusal of the Subclass 485 visa application for failure to satisfy skills assessment criteria' 'Whether Trades Recognition Australia was the relevant assessing authority for the nominated occupation of Hairdresser']

Ratio Decidendi

Although the delay in filing was short, the proposed appeal was wholly lacking in merit. The Federal Circuit Court's dismissal of the judicial review application in the applicant's absence disclosed no House v R error, the medical material provided did not adequately justify an adjournment, Trades Recognition Australia was specified by IMMI 12/068 as the relevant assessing authority for Hairdresser, and the Tribunal was empowered to decide the review when the applicant failed to provide requested information and failed to attend the Tribunal hearing. Accordingly, there was no utility in extending time and the application for an extension of time was dismissed.

Court Disposition

The application for an extension of time within which to seek leave to appeal was dismissed with costs fixed in the sum of $1756.00; the stay of the dismissal orders was vacated.

Orders

  • ['The order made on 24 February 2015 staying the orders made on 23 February 2015 dismissing the application for an extension of time with costs is vacated.' "The applicant is to pay the first respondent's costs fixed in the sum of $1756.00."]