Singh v Minister for Immigration and Border Protection

The case of Singh v Minister for Immigration and Border Protection concerns an application for leave to appeal a decision of the Federal Circuit Court, which had dismissed the applicant's appeal against the decision of the Migration Review Tribunal (MRT). The applicant, Mr Singh, sought leave to appeal the decision of the Federal Circuit Court that dismissed his case due to his absence at the hearing on the basis of illness. The sole ground of appeal is that the Tribunal failed to give him a fair chance to appear before it, resulting in a jurisdictional error. The Federal Circuit Court held that the Tribunal's decision was not attended with sufficient doubt to warrant reconsideration on appeal and that substantial injustice would result if leave were refused.

The primary legal issue before the Court was whether the Federal Circuit Court had erred in dismissing Mr Singh's appeal on the basis of his absence from the hearing. The Court had to consider whether the Tribunal's decision to proceed in the absence of the applicant constituted a breach of procedural fairness or the natural justice rule. The Court noted that the Tribunal had the authority to make a decision on the review under s 362B of the Act without taking further action to allow or enable the applicant to appear before it, as the obligation of procedural fairness is discharged by providing the person affected by the decision an opportunity to be heard. The Court also noted that there is no requirement that the person concerned must actually take advantage of that opportunity.

In reaching its decision, the Court held that the Tribunal's decision to proceed in the absence of Mr Singh did not constitute a breach of procedural fairness or the natural justice rule. The Court held that Mr Singh had been provided with ample opportunity to appear and make submissions on his application for leave and that it was appropriate to proceed to hear the application for leave to appeal on 26 February 2015 in his absence. The Court held that there was no error in the decision of the Federal Circuit Court to dismiss the applicant's appeal and that substantial injustice would not result if leave were refused.

ORDERS:
1. The application for leave to appeal the decision of the Federal Circuit Court is dismissed with costs in the amount of $2,000.