Singh v Minister for Home Affairs

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Home Affairs [2018] FCA 1337

Appeal from:	Singh v Minister for Immigration and Border Protection & Anor [2018] FCCA 506
File number(s):	VID 208 of 2018
Judge(s):	MIDDLETON J
Date of judgment:	27 August 2018
Legislation:	Migration Regulations 1994 (Cth)
Date of hearing:	27 August 2018
Registry:	Victoria
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	No Catchwords
Number of paragraphs:	18
Counsel for the Appellant:	The Appellant appeared in person
Counsel for the First Respondent:	Mr A Yuile
Solicitor for the First Respondent:	Australian Government Solicitor
Counsel for the Second Respondent:	The Second Respondent filed a submitting notice, save as to costs

ORDERS

VID 208 of 2018

BETWEEN:

CHANDANBIR SINGH

Appellant

AND:

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	MIDDLETON J
DATE OF ORDER:	27 AUGUST 2018

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the costs of the first respondent of and in connection with the appeal.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MIDDLETON J:

INTRODUCTION

1. The appellant, Mr Singh (the ‘Appellant’), has appealed from a judgment of the Federal Circuit Court (the ‘FCC’).  The FCC ordered that his application for judicial review of a decision of the Administrative Appeals Tribunal (the ‘Tribunal’) be dismissed with costs.  The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Border Protection (the ‘Minister’) that leave to appeal be refused with costs with respect to granting the Applicant a distinguished talent residence class BX subclass 858 visa (the ‘Visa’).

   RELEVANT BACKGROUND

2. The background to the matter, including the claims made by the Appellant and the decision of the Tribunal, is set out by the FCC: see Singh v The Minister for Immigration [2018] FCCA 506 at [1]-[10].

3. The Minister refused to grant the visa on the basis that the Appellant was not a person who exhibited a record of exceptional outstanding achievement as required by clause 858.212(2)(a) of the Migration Regulations 1994 (Cth) (the ‘Regulations’).  The Appellant submitted that he had adequately satisfied the subclause, and in support of this submitted supporting evidence which provided recent extensive documentary confirmation of his wrestler achievements up to the time of his application.

4. The FCC dismissed the application for review in reasons given ex tempore.  The Appellant filed a notice of appeal before the ex tempore reasons were published.  He did not therefore have the benefit of those reasons to draft the notice of appeal.  Following the publication of the reasons, the Appellant did not file or seek to file an amended notice.  He filed written submissions which raised new matters and did not deal with the matters raised in the notice of appeal.  I will address all the relevant grounds of appeal, including those matters raised in the written submissions.

   GROUNDS OF…