Singh v Minister for Immigration

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) to dismiss Mr Singh's application for a Partner (Residence) (Class BS) Subclass 801 visa. The delegate of the Minister for Immigration had initially refused to grant the visa on 4 December 2017. The AAT subsequently dismissed Mr Singh's application for review on 11 June 2019 because he failed to attend the scheduled hearing to give evidence and present arguments.

The primary legal issue before the court was whether the AAT had committed a jurisdictional error in dismissing Mr Singh's application. Mr Singh had not applied for reinstatement of his application within the 14-day period stipulated by the AAT following the dismissal decision. The court was required to determine if the AAT's dismissal, in the absence of a reinstatement application, constituted a reviewable error.

Judge Kendall found that the AAT had acted in accordance with the Migration Act 1958. Section 362B(1A)(b) of the Act permits the Tribunal to dismiss an application if the applicant fails to appear at a hearing. Furthermore, section 362C(5) provides for a 14-day period to seek reinstatement, after which the dismissal decision is confirmed. As Mr Singh did not apply for reinstatement within this timeframe, the AAT was obliged to confirm its dismissal decision. The court concluded that no jurisdictional error had occurred.

The application for judicial review was dismissed.