Singh v Minister for Immigration and Border Protection

[2019] FCA 288

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2019] FCA 288

Appeal from:

Singh v Minister for Immigration & Anor [2018] FCCA 2357

File number:

NSD 1256 of 2018

Judge:

BROMWICH J

Date of judgment:

14 February 2019

Catchwords:

MIGRATION – application to adjourn hearing – where no attempt to vacate or adjourn hearing before leaving Australia for medical treatment – held: application dismissed – hearing in  absence of appellant – no appellable error identified – held: appeal dismissed

Legislation:

Federal Court Rules 2011 (Cth) r 36.75(1)(a)(i)

Migration Regulations 1994 (Cth) reg 1.15C, cl 885 of sch 2

Cases cited:

Ahmad v Minister for Immigration and Border Protection [2018] FCAFC 199

Bodruddaza v Minister for Immigration and Multicultural Affairs [2007] HCA 14; 228 CLR 651

Gulati v Minister for Immigration and Border Protection [2017] FCA 255

Date of hearing:	14 February 2019
Registry:	New South Wales
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	Catchwords
Number of paragraphs:	19
Counsel for the Appellant:	The appellant did not appear
Counsel for the First Respondent:	Ms A S Haddad of Clayton Utz
Counsel for the Second Respondent:	The second respondent filed a submitting appearance save as to costs

ORDERS

NSD 1256 of 2018

BETWEEN:

JASPREET SINGH

Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Defendant

ADMINISTRATIVE APPEALS TRIBUNAL

Second Defendant

JUDGE:	BROMWICH J
DATE OF ORDER:	14 FEBRUARY 2019

THE COURT ORDERS THAT:

1.The appellant’s application to adjourn the hearing of his appeal be dismissed.

2.The appeal be dismissed.

3.The appellant pay the first respondent’s costs fixed in the sum of $2,500.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(Revised from the transcript)

BROMWICH J:

1. This is an appeal from orders made by a judge of the Federal Circuit Court of Australia on 4 September 2018.  His Honour dismissed an application for judicial review of a decision of the second respondent, the Administrative Appeals Tribunal.  The Tribunal had, on 30 June 2015, affirmed a decision of a delegate of the first respondent, the Minister for Immigration and Border Protection, made on 19 September 2013, to refuse the grant of a Skilled (Residence) (Class VB) subclass 885 visa to the appellant.

2. An indispensable criterion to be met for the grant of the visa was that the appellant have “competent English”: cl 885.213 in Pt 885 of Sch 2 of the Migration Regulations 1994 (Cth) at the relevant date. That in turn required him to have achieved, in a test conducted not more than two years before the day upon which he applied for the visa, what is known as an IELTS test score of at least six for each of four test components addressing speaking, writing and listening: reg 1.15C of the Regulations.  He failed to establish that he had met those criteria to the satisfaction of the delegate. 

3. The appellant applied for merits review…