Singh v Minister for Immigration

Singh, the applicant, sought judicial review of a decision by the Minister for Immigration to refuse his application for a Student (Temporary) (subclass 572) visa. The dispute centred on whether Singh had satisfied a specific visa criterion. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the Court was the interpretation of clause 5A404 of the Migration Regulations 1994, which required evidence that the applicant "will undertake" an English Language Intensive Courses for Overseas Students (ELICOS). The Court had to determine whether Singh's actions, having indicated his intention to undertake ELICOS at the time of his visa application and subsequently completing the course before the Tribunal's decision, satisfied this criterion.

Judge Jarrett reasoned that the phrase "will undertake" in clause 5A404 imposed a prospective requirement. While Singh had indicated his intention and later completed the ELICOS, the critical point was that the evidence of undertaking the course needed to be available at the time of the visa decision. The Court found that the criterion was not satisfied because the evidence of undertaking the ELICOS was not presented in a manner that met the prospective nature of the requirement at the relevant time. Consequently, the application for judicial review was dismissed.