Singhu v Minister for Immigration

Singhu (the applicant) sought judicial review of a decision by the Migration Review Tribunal (MRT) concerning his application for a Skilled (Provisional) (Class VC) visa. The applicant's eligibility for the visa was contingent on achieving a certain score in an International English Language Testing System (IELTS) test. The MRT had affirmed the delegate's decision to refuse the visa.

The primary legal issues before the court were whether the MRT had committed a jurisdictional error in its decision-making process and whether the Tribunal's decision was legally unreasonable. Additionally, the court considered an application for an extension of time to file the judicial review application, which was made out of time.

Justice Scarlett found that the applicant had not demonstrated any jurisdictional error or legal unreasonableness on the part of the MRT. The Tribunal had properly considered the evidence before it, including the IELTS test results, and applied the relevant migration law. Regarding the extension of time, while there was no prejudice to the respondent, the court refused leave to proceed out of time because the substantive application lacked merit.

Consequently, the application for judicial review was dismissed.