Singh v Minister for Immigration

This matter came before Judge Riley of the Federal Circuit Court of Australia. The applicant, Mr. Singh, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned whether the applicant had been provided with adequate evidence to support the conclusion that he was not the person who sat an English language test, and whether his request for such evidence had been properly addressed.

The court was required to determine whether the applicant's oral request made during a hearing on 7 October 2014 for "any proper evidence" that he was not the person who sat the test had been satisfied by the subsequent correspondence from the IELTS Investigations Manager. Specifically, the court had to consider if the email dated 15 December 2014, which stated that test materials were no longer held and a conclusive response could not be provided, constituted "any proper evidence" as requested by the applicant.

Judge Riley reasoned that the applicant's request for "any proper evidence" was a request for material that could definitively demonstrate he was not the person who sat the test. The court found that the email dated 15 December 2014, by stating that the relevant test materials were no longer available and thus a conclusive response could not be given, did not amount to "any proper evidence" in support of the adverse finding against Mr. Singh. Therefore, the email did not satisfy the applicant's request made during the hearing.