Singh (Migration)

The applicant, Mr. Singh, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The matter proceeded to be decided on the papers, as per the applicant's instructions. Mr. Singh was an unlawful non-citizen with an extensive migration history.

The primary legal issue before the Federal Circuit Court was whether the delegate of the Minister had erred in law in affirming the decision to refuse the visa. Specifically, the court was required to consider whether the delegate had failed to properly consider the applicant's submissions and the lack of medical evidence provided in support of the application.

The court noted that the applicant had not provided any medical evidence to substantiate his claim for a Medical Treatment (Visitor) visa. In the absence of such evidence, the delegate was entitled to conclude that the applicant had not satisfied the criteria for the visa. The court found no error of law in the delegate's decision to affirm the refusal, as the delegate had considered the available information and applied the relevant migration regulations. The court therefore affirmed the decision under review.