Calimoso v Minister for Immigration and Border Protection [2016] FCA 1335

Calimoso v Minister for Immigration and Border Protection [2016] FCA 1335

Section 494C(5) of the Migration Act 1958 (Cth) deems a document transmitted by email to be received at the final moment of the day on which it is transmitted, not at the beginning of the following day. The appellant was therefore deemed to have received notification on 23 October 2015, the time for seeking Tribunal review expired on 13 November 2015, and the Tribunal did not commit reviewable error in determining that it had no jurisdiction because the application lodged on 16 November 2015 was out of time.

Jurisdiction
Australia
Judgment Date
11 November 2016
Procedural Posture
Migration Appeal Concerning Construction of S 494 C(5) of the Migration Act 1958 (cth) / Appeal From the Federal Circuit Court Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Jurisdiction Decision
Outcome
Appeal dismissed.
Legal Topics
['deemed Receipt of Documents by Email' 'time Limit for Tribunal Review Application' 'meaning of "at the End of the Day"' 'part 5 Reviewable Decision' 'tribunal Jurisdiction']
['migration Law' 'administrative Law' 'statutory Interpretation' 'electronic Communications Law'] ['deemed Receipt of Documents by Email' 'time Limit for Tribunal Review Application' 'meaning of "at the End of the Day"' 'part 5 Reviewable Decision' 'tribunal Jurisdiction']

Case Brief

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Procedural Posture

Migration Appeal Concerning Construction of S 494 C(5) of the Migration Act 1958 (cth) / Appeal From the Federal Circuit Court Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Jurisdiction Decision

Legal Issues

  1. 1 ['Whether the Federal Circuit Court judge erred in construing s 494C(5) of the Migration Act 1958 (Cth).' 'Whether a document sent by email is deemed to be received at the end of the day on which it is transmitted or at the beginning of the following day.' "Whether the appellant's application to the Administrative Appeals Tribunal was lodged within the prescribed time."]

Ratio Decidendi

Section 494C(5) of the Migration Act 1958 (Cth) deems a document transmitted by email to be received at the final moment of the day on which it is transmitted, not at the beginning of the following day. The appellant was therefore deemed to have received notification on 23 October 2015, the time for seeking Tribunal review expired on 13 November 2015, and the Tribunal did not commit reviewable error in determining that it had no jurisdiction because the application lodged on 16 November 2015 was out of time.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']