Singh v Minister for Immigration and Border Protection [2018] FCA 2114

Singh v Minister for Immigration and Border Protection [2018] FCA 2114

The applicant failed to demonstrate sufficient doubt as to the correctness of the primary Judge’s summary dismissal or any valid basis for leave to appeal, nor did he particularise allegations of error or bias; therefore, the application was dismissed.

Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal From Interlocutory Decision
Outcome
Application for leave to appeal dismissed
Legal Topics
['leave to Appeal' 'show Cause Hearing' 'visa Eligibility Criteria' 'procedural Fairness' 'bias Allegations']
['administrative Law' 'immigration Law'] ['leave to Appeal' 'show Cause Hearing' 'visa Eligibility Criteria' 'procedural Fairness' 'bias Allegations']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal From Interlocutory Decision

Legal Issues

  1. 1 ['Whether sufficient doubt as to correctness of primary judgment to warrant leave to appeal' 'Whether injustice would be suffered if leave refused' 'Whether primary Judge failed to consider relevant evidence or was biased']

Ratio Decidendi

The applicant failed to demonstrate sufficient doubt as to the correctness of the primary Judge’s summary dismissal or any valid basis for leave to appeal, nor did he particularise allegations of error or bias; therefore, the application was dismissed.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal be dismissed.' "The Applicant pay the First Respondent's costs, to be taxed if not otherwise agreed."]