FEDERAL COURT OF AUSTRALIA
Singh v Minister for Government Services [2024] FCAFC 159
Appeal from: Singh v Minister for Government Services [2024] FCA 368 File number: SAD 53 of 2024 Judgment of: LOGAN, CHARLESWORTH AND DOWLING JJ Date of judgment: 21 November 2024 Catchwords: ADMINISTRATIVE LAW – where the appellant appeals from a dismissal of a judicial review application under s 39 of the Judiciary Act 1903 (Cth) at first instance – where the appellant had unsuccessfully applied for compensation under the Scheme for Compensation for Detriment caused by Defective Administration – where the appellant’s grounds of appeal were cast in general terms and included an allegation of procedural unfairness – where no merit in grounds of appeal and no evidence of procedural unfairness – appeal dismissed Legislation: Constitution ss 75, 83
Judiciary Act 1903 (Cth) s 39B
Social Security Act 1991 (Cth)
Social Security Administration Act 1999 (Cth) s 13
Cases cited: Attorney-General (New South Wales) v Quin (1990) 170 CLR 1
Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 23
Division: General Division Registry: South Australia National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 40 Date of hearing: 21 November 2024 Counsel for the Appellant: The Appellant appeared in person Counsel for the Respondent: Ms K Hooper Solicitor for the Respondent: Sparke Helmore Lawyers ORDERS
SAD 53 of 2024 BETWEEN: JASBIR KAUR BALBIR SINGH
Appellant
AND: MINISTER FOR GOVERNMENT SERVICES
Respondent
ORDER MADE BY:
LOGAN, CHARLESWORTH AND DOWLING JJ
DATE OF ORDER:
21 NOVEMBER 2024
THE COURT ORDERS THAT:
1.Insofar as the same may be necessary, the Court notes a revised chronology of the respondent already in Part C of the appeal book and dispenses with the need for the separate filing and service of the revised chronology.
2.The affidavit of the appellant dated 3 September 2024 and described as “Appendix 5” be treated as part of appeal record.
3.The appeal be dismissed.
4.The appellant pay the respondent’s costs in a lump sum to be fixed by a registrar, if not agreed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)LOGAN J:
The present appeal occurs against a broad substratum of circumstances concerning the appellant which can only excite sympathy in terms of life’s events as she has encountered them. By that, I mean that, in terms of material before the administrative decision-makers in this case, there was material which suggested that the appellant had been truly a victim of domestic violence.
It is necessary, however, to appreciate that the Court’s role at present is to exercise appellate jurisdiction in respect of a decision made in its original jurisdiction upon a judicial review application brought by the appellant: see Singh v Minister for Government Services [2024] FCA 368.
That proceeding was initiated by an originating application to which was annexed a statement…
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- Case
- [2024] FCAFC 159
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether there were grounds to support Singh's contention that the decision to dismiss his judicial review application was flawed. This involved assessing the merits of Singh's appeal and evaluating whether there was procedural unfairness as alleged. The court also needed to consider whether the dismissal of the original application was justified based on the evidence and submissions presented.
The court found that there was no merit in Singh's grounds of appeal and that the dismissal of the original application was correct. It concluded that Singh's claims were not substantiated, and there was no evidence to support the allegation of procedural unfairness. The appeal was therefore dismissed, and the Federal Court upheld the earlier decision of the Minister for Government Services. The court also ordered that the appeal record should include a specific affidavit and noted a revised chronology already present in the appeal book.
The court issued several orders to conclude the proceedings. These included treating a particular affidavit as part of the appeal record, dismissing the appeal, and ordering Singh to pay the respondent's costs. The specific amount of costs was to be determined by a registrar if not agreed upon by the parties, as per Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. Insofar as the same may be necessary, the Court notes a revised chronology of the respondent already in Part C of the appeal book and dispenses with the need for the separate filing and service of the revised chronology.
2. The affidavit of the appellant dated 3 September 2024 and described as “Appendix 5” be treated as part of appeal record.
3. The appeal be dismissed.
4. The appellant pay the respondent’s costs in a lump sum to be fixed by a registrar, if not agreed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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