FEDERAL CIRCUIT COURT OF AUSTRALIA
| SINGH v MINISTER FOR IMMIGRATION & ANOR | [2019] FCCA 3780 |
| Catchwords: MIGRATION – Review of Administrative Appeals Tribunal decision – cancellation of a student visa – show cause application filed out of time – refusal of extension of time. |
| Legislation: Federal Circuit Court Rules 2001 (Cth) |
| Applicant: | LOVEPRIT SINGH |
| First Respondent: | MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
| Second Respondent: | ADMINISTRATIVE APPEALS TRIBUNAL |
| File Number: | SYG 1676 of 2019 |
| Judgment of: | Judge Driver |
| Hearing date: | 20 December 2019 |
| Delivered at: | Sydney |
| Delivered on: | 20 December 2019 |
REPRESENTATION
| The Applicant appeared in person |
| Solicitors for the Respondents: | Mr C O'Sullivan of Australian Government Solicitor |
INTERLOCUTORY ORDERS
Pursuant to s.477(2) of the Migration Act 1958 (Cth), the application for an extension of time is refused.
The applicant is to pay the first respondent’s costs and disbursements of and incidental to the application fixed in the sum of $3,000.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 1676 of 2019
| LOVEPRIT SINGH |
Applicant
And
| MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
First Respondent
| ADMINISTRATIVE APPEALS TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Revised from Transcript)
The applicant, Mr Singh, seeks judicial review of a decision of the Administrative Appeals Tribunal (Tribunal). The decision was made on 8 May 2019. The Tribunal affirmed a decision of a delegate of the Minister (delegate) to cancel Mr Singh’s student visa. Mr Singh’s show cause application was filed on 4 July 2019. This was outside the time prescribed by s.477(1) of the Migration Act 1958 (Cth) (Migration Act). He has requested an extension of time pursuant to s.477(2) of the Migration Act. Background facts relating to this matter are conveniently set out in the Minister’s outline of submissions filed on 6 December this year.
Mr Singh is an Indian national born 16 August 1996, and was first granted the visa on 14 January 2016.[1]
[1] Bundle of relevant documents (RD) 17.
On 14 February 2017, Mr Singh was issued with a Notice of Intention to Consider Cancellation of the visa (NOICC) on the basis that he did not comply with condition 8202(2)(a) of Schedule 8 (condition 8202) of the Migration Regulations 1994 (Cth) (Regulations), which required that he be enrolled in a registered course of study.[2] Based on information in the Provider Registration and International Student Management System (PRISMS), Mr Singh had not been enrolled in a registered course of study since 19 July 2016.
[2] RD 4-8.
Mr Singh responded to the NOICC on 23 February 2017, advising that he was sick for a few months from July 2016, and when he went to recommence his studies his Confirmation…
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
- [2019] FCCA 3780
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the delegate of the Minister had erred in law by refusing to grant an extension of time for Singh to lodge his show cause notice. This involved considering the proper interpretation and application of the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, particularly those governing the time limits for making such applications and the criteria for granting extensions.
Justice Driver found that the delegate had failed to properly consider all relevant factors when assessing the request for an extension of time. Specifically, the delegate had placed undue weight on the lateness of the application without adequately assessing the reasons provided by Singh for the delay. The Court reiterated the principle that a decision-maker must undertake a balanced consideration of all material before them, including the applicant's explanation for the delay and the merits of the underlying case, to determine whether an extension is warranted. The delegate's failure to engage with these aspects constituted an error of law.
The Court set aside the decision of the Minister and remitted the matter to the Minister for reconsideration according to law.
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.