Singh (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, Mr Singh, had his visa application refused by the Department of Home Affairs, a decision which was affirmed by a previous Tribunal. Mr Singh appealed this decision to the Federal Circuit Court, which found that the Tribunal had denied him procedural fairness by failing to disclose a section 375A certificate. The Federal Circuit Court remitted the matter back to the Tribunal for a fresh hearing.

The Tribunal was required to determine whether Mr Singh satisfied the requirements of the *Migration Act 1958* (Cth) and its Regulations for the grant of a subclass 820 visa. Crucially, the Tribunal had received a section 375A certificate from the Department of Home Affairs, which prevented the disclosure of certain documents to the applicant. The Tribunal notified Mr Singh of the existence of this certificate and invited him to respond to information contained within it, specifically that his relationship was alleged to be contrived for financial gain with the assistance of a migration agent and a celebrant.

The Tribunal considered the applicant's response to the notification regarding the section 375A certificate. Mr Singh requested an extension to appoint a migration lawyer and gather documents, which was granted. However, his subsequent response indicated he had no further documents to provide and requested a hearing date. The Tribunal concluded that it was not necessary to determine the merits of the spousal relationship claim, as sections 40 and 65 of the *Migration Act* operated to prevent the grant of the visa. These sections require an applicant to be in Australia when a visa is granted, and the Tribunal noted that Mr Singh had departed Australia and his bridging visa had expired, meaning he had no right of return.

Consequently, the Tribunal affirmed the decision not to grant Mr Singh a Partner (Temporary) (Class UK) visa.