Singh v Minister for Immigration & Anor

Singh, the applicant, sought judicial review of a decision by the Migration Review Tribunal (the Tribunal) concerning his application for a skilled visa. The Minister for Immigration and Border Protection was the respondent. The core of the dispute revolved around the validity of a regulation under the *Migration Regulations 1994* and whether the Tribunal had properly considered the applicant's case.

The court was required to determine several key legal issues. These included whether Regulation 1.15C of the *Migration Regulations 1994* was invalid, and if so, whether the invalidity of this delegated instrument would affect the validity of the empowering provision. Furthermore, the court had to consider whether the Tribunal was obliged to take into account material that had been provided to it, even if the presiding member was not personally aware of it. Finally, the court examined allegations that the Tribunal's decision was affected by jurisdictional error, specifically that the Tribunal misunderstood Regulation 1.15C, failed to consider relevant material, and erred in its exercise of discretion regarding the postponement of its decision pending the submission of further information.

Justice Cameron found that Regulation 1.15C was indeed invalid. However, the court held that the invalidity of the regulation did not render the empowering provision invalid. The court further determined that the Tribunal had failed to consider material that had been placed before it, which constituted a jurisdictional error. Consequently, the Tribunal's decision was set aside.