Singh v Minister for Immigration & Anor

Added on - 03 Mar 2020

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Law2Singh v Minister for Immigration & Anor (2017) FCCA 1901 (14 August 2017).The main issue in this case for applicant, registered migration agent, and migration lawyer iswhether there was any way to rescue the person with the applicable situation, and any option toget decision of AAT for the purpose of overturning the affirmation of student visa refusal andsent the case back to the tribunal for reconsider their decision.Decision of this case stated the steps and procedure which can be used to help an applicant in thissituation. This case provided the most important lesson that it was not necessary to send thestudent back after his visa refusal, but there was need to examine and review the decision madeby tribunal with care, and also evaluate the decision of the tribunal on the ground whetherdecision of the tribunal is affected by any jurisdictional error or not. This case can be consideredas an example for the purpose of identifying and determine jurisdictional error.In this case, application was submitted by the applicant to the migration department, and thisapplication was accompanied with the certified document from the doctor which state thatapplicant was suffering from depression, low mood, poor appetite and loss of sleep. Writtenstatement was also submitted by applicant to the department and this statement defines thereasons why applicant changes his course of study. This written statement also included thatapplicant wants to professionally as a cook, and he came from the place where there werenumber of hotels which provide the opportunity for future employment as cook.In other words, jurisdictional error was committed by tribunal when tribunal fails to consider theimportant matters which must be considered by the tribunal. Section 499 of the migration Act1958 and direction no. 53 imposed obligation on tribunal to consider the consideration stated in
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