Singh v Minister for Immigration

Singh, the applicant, sought judicial review of a decision by the Minister for Immigration, the respondent, to refuse his application for a student visa. The core of the dispute concerned the Minister's assessment of Singh's financial capacity to meet the requirements of the visa. Singh alleged that the decision-making process was tainted by apprehended bias. The matter was heard in the Federal Circuit Court of Australia before Judge Riethmuller.

The primary legal issue before the court was whether the delegate who made the decision to refuse the student visa apprehended bias. This involved an examination of whether a reasonable apprehension could arise that the decision-maker might not bring an impartial mind to the question of whether Singh met the financial requirements for the visa.

Judge Riethmuller found that there was an apprehended bias in the decision-making process. The reasoning focused on the conduct of the delegate, which gave rise to a reasonable apprehension that the delegate had predetermined the outcome of the financial assessment, rather than impartially considering the evidence presented by Singh. Consequently, the court concluded that the decision was vitiated by apprehended bias.

Writs of certiorari and mandamus were issued.