Singh v Minister for Immigration - [2020] FCCA 2243

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR

[2020] FCCA 2243

Catchwords:
MIGRATION – Partner visa – where no genuine and continuing relationship – where Minister questioned authenticity of relationship – where evidence not sufficient to support granting of visa – where applicant sought merits review – where, at time of Tribunals decision, relationship had ended – grounds of review wholly unparticularised – brevity of reasons not proper ground for review – where no useful result could ensue from further hearing – application dismissed.

Legislation:

Migration Act 1958 (Cth), ss.474, 476.

Cases cited:

Craig v South Australia (1995) 184 CLR 163
Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Minister for Immigration and Multicultural Affairs v Lay Lat (2006) 151 FCR 214
Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476

Applicant:

SATVINDER SINGH

First Respondent:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent:

ADMINISTRATIVE APPEALS TRIBUNAL

File Number:

MLG 1907 of 2018

Judgment of:

Judge A. Kelly

Hearing date:

11 August 2020

Date of Last Submission:

11 August 2020

Delivered at:

Melbourne

Delivered on:

17 August 2020

REPRESENTATION

Applicant:

In person

Solicitor advocate for the Respondents:

Mr C van der Westhuizen

Solicitors for the Respondents:

DLA Piper

ORDERS

Pursuant to ss 67-68 of the Federal Circuit Court of Australia Act 1999 (Cth), direct that the parties be allowed to appear and to make submissions before the court via audio and video link.
The name of the first respondent be amended in the title of the proceeding to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
The application dated 2 July 2018 be dismissed.
The applicant pay the costs of the first respondent fixed at $6,100.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 1907 of 2018

SATVINDER SINGH

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction

By application dated 2 July 2018 the applicant seeks judicial review of a decision of the Administrative Appeal Tribunal (Tribunal) made on 12 June 2018 affirming a decision of a delegate of the first respondent (Minister) refusing to grant him a Partner (Temporary) (Class UK) visa (visa) pursuant to s 65 of the Migration Act 1958 (Act).
The application should be dismissed. In summary, there was no error in the conclusion of the Tribunal that the applicant was not in a spousal relationship with his sponsor at the time of decision. Indeed, the applicant admitted this to be the case. The applicant could not satisfy the essential criterion for the grant of the visa. The nine grounds of review were wholly unparticularised and devoid of merit. The applicant had taken no steps to file any evidence or submissions explaining the basis on which his grounds of review had any merit.

Background

The applicant, a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] FCCA 2243
Decision Date: 17 August 2020

CaseChat Overview and Summary

Singh (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse a partner visa. The core of the dispute concerned the authenticity of the applicant's relationship, which the Minister questioned, finding the evidence insufficient to support the visa grant. The applicant had sought merits review of this decision.

The Federal Circuit Court was required to determine whether the applicant had established grounds for judicial review of the Minister's decision. Specifically, the court considered the applicant's argument that the brevity of the Tribunal's reasons for its decision constituted a proper ground for review, and whether any useful result could ensue from a further hearing.

Judge A. Kelly found that the applicant's grounds of review were wholly unparticularised. The court noted that at the time of the Tribunal's decision, the relationship in question had ended. Given these circumstances, and the lack of specific grounds for review, the court concluded that no useful result could be achieved by remitting the matter for further consideration.

Consequently, the application was dismissed. The applicant was ordered to pay the respondent's costs, fixed at $6,100. The court also made orders regarding the appearance of parties via audio and video link and amended the name of the first respondent.

Orders

Orders of the court

1. Pursuant to ss 67-68 of the Federal Circuit Court of Australia Act 1999 (Cth), direct that the parties be allowed to appear and to make submissions before the court via audio and video link.

2. The name of the first respondent be amended in the title of the proceeding to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

3. The application dated 2 July 2018 be dismissed.

4. The applicant pay the costs of the first respondent fixed at $6,100.

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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