FEDERAL CIRCUIT COURT OF AUSTRALIA
| SINGH v MINISTER FOR IMMIGRATION & ANOR | [2015] FCCA 2347 |
| Catchwords: MIGRATION – Judicial Review – Student Visa. |
| Legislation: Migration Act 1958 (Cth), ss.116, 474, 476 |
| Abebe v Commonwealth (1999) 197 CLR 510 Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948 1 KB 223 Attorney General for the State of New South Wales v Quin (1990) 170 CLR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 323 Minister for Immigration and Citizenship v MZYNN [2012] FCA 117 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC SZRPT v Minister for Immigration and Border Protection [2004] FCA 24 Waterford v Commonwealth (1987) 163 CLR 54 |
| Applicant: | SHAGANDEEP SINGH |
| First Respondent: | MINISTER FOR IMMIGRATION & BORDER PROTECTION |
| Second Respondent: | ADMINISTRATIVE APPEALS TRIBUNAL |
| File Number: | BRG 65 of 2015 |
| Judgment of: | Judge Howard |
| Hearing date: | 14 July 2015 |
| Date of Last Submission: | 21 July 2015 |
| Delivered at: | Brisbane |
| Delivered on: | 28 August 2015 |
REPRESENTATION
| Counsel for the Applicant: | Mr Travers |
| Solicitors for the Applicant: | Chand Lawyers |
| Counsel for the Respondents: | Mr McGlade |
| Solicitors for the Respondents: | Clayton Utz |
ORDERS
That the Application filed 20 January 2015 be dismissed with costs.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT BRISBANE |
BRG 65 of 2015
| SHAGANDEEP SINGH |
Applicant
And
| MINISTER FOR IMMIGRATION & BORDER PROTECTION |
First Respondent
| ADMINISTRATIVE APPEALS TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Background
The applicant is a national of India.
On 15 January 2014 the applicant was granted a student visa in subclass 573. He entered Australia as a holder of that visa on 27 January 2014.
The visa was granted to the applicant on the basis that he was enrolled in a Bachelor of Information Technology course at the Queensland University of Technology. That course was due to commence in approximately June 2014.
Prior to commencing the bachelor course the applicant had enrolled to study a Certificate IV in IT and a Diploma of IT. It seems that these were prerequisite courses for the Bachelor of Information Technology course at Queensland University of Technology.
Shortly after arriving in Australia on 27 January 2014 the applicant commenced his studies in the Certificate IV in IT course.
Evidently, the applicant found the Certificate IV (IT) course difficult. He therefore decided to change direction.
As part of this change of heart the applicant (while he was still apparently undertaking the Certificate IV (IT) course) obtained a confirmation in another course – namely a Certificate IV in Commercial Cookery at Spencer College. The applicant commenced the Certificate IV in Commercial Cookery at Spencer College after the Certificate IV in IT course had been completed. He also obtained a confirmation of enrolment in relation to a further course – namely a Diploma of Hospitality.
On 18 June 2014 the applicant’s enrolment at the Queensland University of Technology in the Bachelor of Information Technology course was cancelled. The enrolment was cancelled because of the applicant’s “non commencement of studies”.
Courses specified for a student (temporary) (class TU)…
Keep reading for free
Create a free CaseChat account to read SINGH v Minister for Immigration and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] FCCA 2347
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the principle of "Wednesbury unreasonableness" could be applied to an individual finding of fact made by the Tribunal, or if it was confined to the validity of discretionary decisions.
Judge Howard reasoned that the principle of "Wednesbury unreasonableness", as established in *Associated Provincial Picture Houses Limited v Wednesbury Corporation* and elaborated upon in *Minister for Immigration & Citizenship v Li*, applies only to the review of discretionary decisions. His Honour noted that the High Court in *Li* and the Federal Court in *MZYNN* and *SZOOR v Minister for Immigration and Citizenship* have made it clear that this standard of unreasonableness is not applicable to individual findings of fact. Therefore, the applicant's contention that the Tribunal's finding of fact was unreasonable could not be relied upon.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.