Federal Court Case Analysis: Singh v Minister for Immigration & Anor

This case study analyzes the legal principles in Singh v Minister for Immigration & Anor, focusing on jurisdictional error in Australian administrative law. The case involves an applicant, Singh, whose student visa was cancelled due to failing to complete his initial courses and enrolling in a different program. The Federal Circuit Court found that the Tribunal had committed a jurisdictional error by disregarding relevant evidence, including a medical certificate and Singh's written explanation for changing courses. The court determined that the Tribunal did not properly consider crucial evidence, leading to the conclusion that the Tribunal's decision was flawed. The analysis highlights the importance of carefully examining decisions for potential jurisdictional errors and provides insights into strategies for applicants facing visa rejection.

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SINGH V MINISTER FOR IMMIGRATION & ANOR
Name:
Course:
Date:

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Singh v Minister for Immigration & Anor
The jurisdictional error refers to a concept in administrative law, mostly in Australia and UK.
Jurisdiction may be termed as the authority to decide and a jurisdictional error happens when the
authority to decide is misconceived. A judicial review can squash decisions deemed affected by
jurisdiction error. 1
Facts
Singh, who happens to be the applicant in this, was given a subclass 573 visa based on his
enrollment to attend an English Language Intensive Course for students from overseas, plus a
masters degree in business management.
Nevertheless, after coming to Australia, Singh argues that he suffering from depression, because
of residing far from his parents and his nation for the first time hence he feels lonely and
isolated. He fails to complete the course that he was initially going to undertake and does not
even start the masters in management cause resulting to a cancellation of his enrollment in the
master's degree. Therefore the applicant decides to enroll in commercial cookery certificate
course and a diploma in hospitality course.
Singh has noticed that the department has an intention to cancel his visa, which results in his
application for subclass 572 visa.
Nevertheless, the cancellation of his subclass 573 visa is finally successful and his application
for subclass 572 visa is rejected. The department claims that there is no satisfaction that the
1 Arch, Michael. "How to Save a Student Visa Application!!" Australian Immigration Daily News, 2017: 1.

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application for a temporary visa to enter and reside in Australia as a student by Singh is genuine.
He proceeds to the tribunal to seek merits review of the rejection of subclass 572 visa.
The tribunal argues that Singh has had ‘gaps’ during his studying period in Australia and reached
a conclusion that he is applying for a temporary visa to dodge the migration program and extend
his residence in Australia.
Issue
What constitutes to the jurisdictional error that the Federal Circuit Court, determined the tribunal
to have been committed.
Discussion
The issue with Singh is that he submitted to the department a form awarded to him by an
Australian doctor, certifying that he was diagnosed with depression hence suffering from, lack of
motivation, low mood, loss of sleep and poor appetite.2 He had also issued to the tribunal a
written statement explaining why he decided to take another course. It stated that he always had
a passion for cooking, aspired to work as a professional cook and that his home city had many
hotels that would offer scope for the future position as cook.
According to judge Hartnett after consideration of the facts, he made a conclusion that analysis
of the applicant’s case by the tribunal that he had depression omitted reference to the medical
certificate given to Singh by a doctor in Australia which he had presented to the department at
2 Arch, Michael. "How to Save a Student Visa Application!!" Australian Immigration Daily News, 2017: 1.

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the first place. The judge believed that the medical certificate proved that the applicant was
indeed suffering from depression.3
The court as well found out that there was no evidence from the decision by the tribunal to prove
that it had actually made a consideration on the material which Singh has presented through his
written submission regarding the reason that made him seek to change his course from business
management to cookery.
Eventually, it was a finding of the court that the tribunal did not bother to consider matters of
relevance and in doing so, it had committed a jurisdictional error.
What all this indicates is that a decision by the tribunal that might appear as formulaic or as
routine might actually be tainted by jurisdictional error, and that it always rewards to go through
and analyze the decision by the tribunal keenly and with an evaluation if the evidence or proof
presented to the tribunal during the hearing was disregarded.4
A person might never know, but without doubt several instances where jurisdictional error is
lurking under the tribunal’s decision surface, there is always a chance to release application of
visa by an applicant and preserve the ability of the applicant to remain in Australia and continue
with studies, work or for any other reasonable legal purpose.
3 Arch, Michael. "How to Save a Student Visa Application!!" Australian Immigration Daily News, 2017: 1.
4 Richard A. Mann, Barry S. Roberts. Essentials of Business Law and the Legal Environment. Boston:
Cengage Learning, 2016.

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The decision made by the court in the case of Singh teaches applicants that there are strategies
and steps that can be used to assist an applicant in a similar situation. Basically, the case provides
a lesson that, do not just “throw in the towel” after an affirmation of a visa rejection by the
tribunal. Instead, one is supposed to make examination of the decision carefully, and evaluate if
the decision might have been affected by “jurisdictional error”.5
5 —. Smith and Roberson’s Business Law. Boston: Cengage Learning, 2016.

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Bibliography
Arch, Michael. "How to Save a Student Visa Application!!" Australian Immigration Daily News,
2017: 1.
Richard A. Mann, Barry S. Roberts. Essentials of Business Law and the Legal Environment.
Boston: Cengage Learning, 2016.
—. Business Law and the Regulation of Business. Boston: Cengage Learning, 2016.
—. Smith and Roberson’s Business Law. Boston: Cengage Learning, 2016.