Singh v MIBP

Singh v MIBP is an appeal against an order of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal). The appellant, Mr Singh, sought judicial review of a decision by the Tribunal to refuse to grant him a Partner (Temporary) (Class UK) visa. The central issue was whether the Tribunal erred in cancelling a scheduled hearing and deciding the matter without allowing the appellant to appear. The Tribunal cancelled the hearing because Mr Singh had not responded to an invitation to comment on adverse information. The Tribunal reasoned that, as a result of the appellant’s failure to respond, he had no entitlement to a hearing and the Tribunal had no power to permit him to appear.

The appeal raised the question of whether the Tribunal properly interpreted sections 359C(2), 360 and 363A of the Migration Act 1958 (Cth). The court found that the Tribunal correctly concluded that, as a result of the appellant’s failure to respond to the comment invitation, he had no entitlement to a hearing under section 360(3) of the Act. The court also found that the Tribunal properly exercised its discretion under section 359C(2) not to take any further action to obtain the appellant’s views on the information. The court further held that, pursuant to section 363A of the Act, the Tribunal did not have the power to permit the appellant to appear at the hearing. The court concluded that the Tribunal did not commit any jurisdictional error and that the primary judge was correct to dismiss the appellant’s application for judicial review. The appeal was therefore dismissed, with the appellant ordered to pay the first respondent’s costs.