SINGH v Minister for Immigration

This matter concerned an application by Mr Singh for judicial review of a decision by the Migration Review Tribunal (the Tribunal) to affirm the delegate's decision to refuse him a subclass 485 visa. The Tribunal had affirmed the delegate's decision on the basis that Mr Singh had failed to provide requested information within the prescribed timeframe, and no extension had been granted.

The primary legal issue before the court was whether the Tribunal had erred in law by proceeding to make a decision without obtaining further information from Mr Singh, and consequently, whether Mr Singh was entitled to appear before the Tribunal to present his case. A related issue concerned the interpretation of the criteria for a subclass 485 visa, specifically the requirement for a skills assessment by a relevant assessing authority at the time of the decision.

The Tribunal reasoned that as Mr Singh had not provided the requested information within the period allowed, and no extension had been granted, section 359C of the *Migration Act 1958* (Cth) applied. This section, read with section 360(3), meant Mr Singh was not entitled to appear before the Tribunal. The Tribunal relied on *Hasran v MIAC* [2010] FCAFC 40 for the proposition that if a review applicant has no entitlement to a hearing, the Tribunal has no power to permit them to appear. The Tribunal also noted that to satisfy the primary criteria for the visa, Mr Singh was required to have his skills assessed by the relevant assessing authority, which for a cook was Trades Recognition Australia, as specified by Legislative Instrument IMMI12/068. These criteria were compulsory.

The court found that the Tribunal had correctly applied the law. The Tribunal was entitled to proceed to a decision without further information, and Mr Singh was not entitled to a hearing. The failure to meet the compulsory criteria for the visa, including the skills assessment, meant that the Tribunal's decision to affirm the refusal was not affected by any error of law.