Hasan v Minister for Immigration & Citizenship [2010] FCA 375

Hasan v Minister for Immigration & Citizenship [2010] FCA 375

Section 66(2)(d)(iv) of the Migration Act 1958 (Cth), properly construed, requires notification to state all available locations for lodging a review application. Because the Minister's notification failed to do so, the prescribed period for lodging the review application never commenced; any application lodged beforehand is invalid. The Tribunal was correct in refusing to hear the review but on different grounds than originally stated.

Jurisdiction
Australia
Judgment Date
22 April 2010
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal allowed
Legal Topics
['visa Refusal Notification' 'statutory Interpretation' 'judicial Review' 'jurisdiction of Tribunal']
['migration Law' 'administrative Law'] ['visa Refusal Notification' 'statutory Interpretation' 'judicial Review' 'jurisdiction of Tribunal']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 ['What is the correct construction of s 66(2)(d)(iv) of the Migration Act 1958 (Cth) regarding notification of all places for lodging a review application?' 'Whether failure to notify all possible lodgement places affects the start of the prescribed period for review under reg 4.10(1)(a) of the Migration Regulations 1994 (Cth)?' 'Does an application lodged before valid notification is given satisfy time requirements for review?']

Ratio Decidendi

Section 66(2)(d)(iv) of the Migration Act 1958 (Cth), properly construed, requires notification to state all available locations for lodging a review application. Because the Minister's notification failed to do so, the prescribed period for lodging the review application never commenced; any application lodged beforehand is invalid. The Tribunal was correct in refusing to hear the review but on different grounds than originally stated.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' 'Paragraph Two of the orders made by Federal Magistrate Raphael on 12 November 2009 is set aside.' 'A writ of mandamus is to issue, requiring the Minister to notify the appellants of his decision of 28 October 2008 according to law.' "The first respondent is to pay the appellants' costs of...