Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 6

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 6

The appeal was dismissed pursuant to r 36.75(1) of the Federal Court Rules 2011 due to the appellant’s failure to appear and provide submissions.

Parties
Appellant: Surender Pal Singh; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
04 February 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Migration Review, Appeal Dismissal, Non Appearance
Administrative Law Migration Review Appeal Dismissal Non Appearance

Case Brief

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Parties

Surender Pal Singh

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal properly conducted its function under s 348(1) of the Migration Act 1958 (Cth)
  2. 2 Whether the Tribunal made an error of law by failing to consider the appellant's application for review
  3. 3 Whether the Tribunal failed to consider significant material before it

Ratio Decidendi

The appeal was dismissed pursuant to r 36.75(1) of the Federal Court Rules 2011 due to the appellant’s failure to appear and provide submissions.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed pursuant to r 36.75(1) of the Federal Court Rules 2011.
  • The appellant pay the first respondent's costs fixed in the sum of $5,000.