Singh v Minister for Home Affairs

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SINGH

v
MINISTER FOR HOME AFFAIRS & ANOR

[2020] HCASL 155
B12/2020

  1. The applicant seeks special leave to appeal from a decision of the Federal Court of Australia (Derrington J) dismissing an appeal from the decision of the Federal Circuit Court of Australia (Judge Egan) dismissing the applicant's application for judicial review of the decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the first respondent not to grant the applicant a Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth).

  2. The applicant identifies no error of principle or other reason to doubt the correctness of the Federal Court's reasons for judgment. An appeal to this Court would enjoy no prospect of success.

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A Nettle M.M Gordon
8 July 2020
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Details
Case
[2020] HCASL 155
Decision Date

CaseChat Overview and Summary

The case of Singh v Minister for Home Affairs concerns the applicant's challenge to the decision of the Administrative Appeals Tribunal, which upheld the Minister for Home Affairs' decision not to grant the applicant a Skilled (Provisional) (Class VC) visa under the Migration Act 1958 (Cth). The Federal Circuit Court dismissed the applicant's application for judicial review, and the Federal Court upheld that decision on appeal. The applicant seeks special leave to appeal to the High Court of Australia.

The legal issues the court was required to decide include whether there was any error of principle or other reason to doubt the correctness of the Federal Court's reasons for judgment. The applicant contended that the Federal Court had erred in finding that the primary judge's reasons for decision were not flawed and that the appeal had no prospect of success. The court was required to determine whether special leave to appeal should be granted.

The High Court of Australia dismissed the application for special leave. The court found that the applicant had identified no error of principle or other reason to doubt the correctness of the Federal Court's reasons for judgment. The court also found that an appeal to the High Court would enjoy no prospect of success. The High Court concluded that the application for special leave should be dismissed, and directed the Registrar to draw up, sign and seal an order to that effect.

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