SINGH v Minister for Immigration

Singh (the applicant) sought judicial review of a decision by the Migration Review Tribunal (MRT) affirming the Minister for Immigration's refusal to grant a student visa. The applicant's student visa had been cancelled due to his failure to maintain enrolment in a registered course. The core of the dispute concerned whether the MRT had properly considered relevant information regarding the applicant's enrolment and whether the conduct of the hearing by the MRT gave rise to a reasonable apprehension of bias.

The court was required to determine two primary legal issues. Firstly, whether the MRT had failed to give proper consideration to the applicant's enrolment information, particularly in light of sections 359A and 359AA of the Migration Act 1958 (Cth). Secondly, the court had to assess whether the manner in which the MRT conducted its hearing, including the style of questioning employed by the Tribunal member, created a reasonable apprehension of bias on the part of the applicant.

In addressing the first issue, the court considered the meaning of "given" in section 359A of the Act, concluding that the information must be presented to the Tribunal in a manner that allows it to be considered. Regarding the apprehension of bias, the court undertook an extensive review of authorities on the principles of judicial and administrative bias. It emphasised that the test is an objective one, based on what a fair-minded lay observer, knowing the facts, would think about the impartiality of the decision-maker. The court also considered the inquisitorial nature of the MRT's function and the wide range of acceptable questioning styles, noting that the permissibility of certain questioning techniques can depend on the diverse personality traits of visa applicants. The court found that the questioning, while perhaps robust, did not reach a level that would lead a fair-minded observer to apprehend bias.

The application for judicial review was dismissed.