Singh v Minister for Immigration and Border Protection [2018] FCA 1816

Singh v Minister for Immigration and Border Protection [2018] FCA 1816

Applicant failed to attend the Tribunal hearing and did not seek reinstatement; the Tribunal acted in accordance with statutory requirements in dismissing the application; grounds of appeal did not demonstrate sufficient doubt as to correctness of the primary Judge's decision nor substantial injustice; leave to appeal refused.

Parties
Applicant: Sarabjit Singh; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Migration Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Decision of Federal Circuit Court
Outcome
Leave to appeal refused; application dismissed with costs
Legal Topics
Leave to Appeal, Adjournment, Judicial Review, Procedural Fairness, Non Appearance Before Tribunal
Migration Law Administrative Law Leave to Appeal Adjournment Judicial Review Procedural Fairness Non Appearance Before Tribunal

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Parties

Sarabjit Singh

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Decision of Federal Circuit Court

Legal Issues

  1. 1 Whether primary Judge erred in handling applicant's non-appearance before the Tribunal
  2. 2 Whether primary Judge erred in refusing to consider medical evidence and procedural fairness
  3. 3 Whether there is sufficient doubt as to correctness of primary Judge's decision to warrant leave to appeal

Ratio Decidendi

Applicant failed to attend the Tribunal hearing and did not seek reinstatement; the Tribunal acted in accordance with statutory requirements in dismissing the application; grounds of appeal did not demonstrate sufficient doubt as to correctness of the primary Judge's decision nor substantial injustice; leave to appeal refused.

Court Disposition

Leave to appeal refused; application dismissed with costs

Orders

  • The Applicant's oral application for an adjournment be refused.
  • The application for leave to appeal filed 24 May 2018 be dismissed with costs.