SINGH v Minister for Immigration

Singh (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme). The Minister for Immigration (the respondent) opposed the application. The matter came before Judge Mercuri in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the AAT had erred in law when it dismissed the applicant's application for reinstatement of his judicial review application. This involved considering the AAT's powers and the circumstances under which it could reinstate an application that had been dismissed for non-compliance with directions.

Judge Mercuri reasoned that the AAT had correctly applied the relevant provisions of the *Administrative Appeals Tribunal Act 1975* (Cth) and the *Migration Act 1958* (Cth). The Court found that the applicant had failed to comply with the directions issued by the AAT, and that the AAT had not erred in law in its assessment of the applicant's reasons for non-compliance or in its decision to dismiss the reinstatement application. The principles of procedural fairness were considered, but the Court determined they had not been breached by the AAT's actions.

The application for judicial review was dismissed.