Haque v Minister for Immigration & Citizenship (No 3) [2010] FCA 772

Haque v Minister for Immigration & Citizenship (No 3) [2010] FCA 772

The Tribunal did not commit jurisdictional error because, on the balance of probabilities, the required leaflet was enclosed with the refusal decision letter and contained all necessary information under s 66(2)(d)(iv) of the Migration Act 1958 (Cth), thereby effecting valid notification and time-barring the review application.

Jurisdiction
Australia
Judgment Date
23 July 2010
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court Following Judicial Review Application
Outcome
Appeal dismissed with costs.
Legal Topics
['jurisdiction of Migration Review Tribunal' 'statutory Time Limits for Review Applications' 'notification Under S 66(2)(d)(iv) Migration Act 1958' 'business Records Exception to Hearsay (evidence Act S 69)']
['migration Law' 'administrative Law' 'evidence'] ['jurisdiction of Migration Review Tribunal' 'statutory Time Limits for Review Applications' 'notification Under S 66(2)(d)(iv) Migration Act 1958' 'business Records Exception to Hearsay (evidence Act S 69)']

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Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court Following Judicial Review Application

Legal Issues

  1. 1 ['Whether the Migration Review Tribunal had jurisdiction to review an application received outside the statutory time limit' 'Whether the notice of visa refusal complied with s 66(2)(d)(iv) of the Migration Act 1958 (Cth) by specifying where the application for review could be made' 'Whether the appellant received with the decision letter a leaflet with required information about where to lodge a review application' 'Whether a leaflet constituted a business record under s 69 of the Evidence Act 1995 (Cth)']

Ratio Decidendi

The Tribunal did not commit jurisdictional error because, on the balance of probabilities, the required leaflet was enclosed with the refusal decision letter and contained all necessary information under s 66(2)(d)(iv) of the Migration Act 1958 (Cth), thereby effecting valid notification and time-barring the review application.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent to be taxed if not agreed.']