Singh v Minister for Immigration

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 721

Catchwords:
MIGRATION – Migration Review Tribunal – Skilled (Provisional) (Class VC) Visa – the Department received information that an IELTS test was undertaken by an imposter – applicant requested access to IDP investigation – whether the Tribunal was required to give the applicant access to an IDP email that said no investigative information had been retained – whether breach of s.362A – whether breach of s.360.

Legislation:
Migration Act 1958, ss.359A, 362A, 368(1), 375, 375A
Migration Regulations 1994, sch.2, cls.485.215, 485.224

Cases cited:

Singh v Minister for Immigration [2015] FCCA 533
Singh v Minster for Immigration [2016] FCCA 1255

Applicant: AMRITPAL SINGH

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File number: MLG 90 of 2015

Judgment of: Judge Riley

Hearing date: 8 February 2017

Date of last submission: 8 February 2017

Delivered at: Melbourne

Delivered on: 13 April 2017

REPRESENTATION

Counsel for the applicant: Georgina Costello

Solicitors for the applicant: Erskine Rodan & Associates

Counsel for the first respondent: Liam Brown

Solicitors for the first respondent: Sparke Helmore Lawyers

Counsel for the second respondent: No appearance

Solicitors for the second  respondent: Sparke Helmore Lawyers

ORDERS

1. The title of the proceeding be amended so that the name of the second respondent is “Administrative Appeals Tribunal”.

2. The application filed on 19 January 2015 and amended on 10 February 2017 be dismissed.

3. The applicant pay the first respondent’s costs, fixed in the sum of $7,206.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 90 of 2015

AMRITPAL SINGH

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First respondent

And

REFUGEE REVIEW TRIBUNAL

Second respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application for review of a decision made by the Migration Review Tribunal (“the Tribunal”). In that decision, the Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a Skilled (Provisional) (Class VC) visa. 

Background

1. One of the criteria for the grant of the visa was competent English.[1]  The applicant said in his visa application that he had undertaken an IELTS[2] test on 30 July 2011 with reference number 11IN018658TA120A and had been assessed as having competent English.

   [1] Clause 485.215 of Schedule 2 to the Migration Regulations 1994.

   [2] International English Language Testing System.

2. A delegate of the Minister wrote to the applicant via his authorised recipient on 3 August 2012.  The letter invited the applicant to comment on adverse information received from the International Development Program Education Pty Ltd Audit and Investigation Unit (“IDP”) that:

   a)it appeared that an imposter had undertaken the IELTS test the applicant claimed to have undertaken; and

   b)IDP had cancelled the results of the applicant’s test and reduced all of his scores to zero.

3. The letter also advised the applicant that:

   a)a requirement of the visa was that the applicant met public interest criteria (“PIC”) 4020[3];

   b)PIC 4020 required that there be no evidence that the…