H v Minister for Immigration and Multicultural Affairs [2001] FCA 906

H v Minister for Immigration and Multicultural Affairs [2001] FCA 906

The notice of the delegate's refusal was handed to the applicant on 26 or 27 October 2000, so notification occurred by personal handing rather than by sending a document to an address. Regulation 5.03 therefore did not defer the date of receipt. Even on the latest possible notification date of 27 October 2000, the seven working day period expired at midnight on 7 November 2000. The application lodged on 8 November 2000 was out of time, and the Refugee Review Tribunal had no jurisdiction to entertain it.

Jurisdiction
Australia
Judgment Date
31 July 2001
Procedural Posture
Application to Review a Refugee Review Tribunal Decision Concerning Refusal of a Protection Visa / Federal Court Judgment on Application for Review
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'time Limit for Application for Review' 'notification of Decision' 'statutory Interpretation']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'time Limit for Application for Review' 'notification of Decision' 'statutory Interpretation']

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Procedural Posture

Application to Review a Refugee Review Tribunal Decision Concerning Refusal of a Protection Visa / Federal Court Judgment on Application for Review

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal had jurisdiction to review the delegate's refusal of a protection visa when the review application was lodged on 8 November 2000." "Whether reg 5.03 of the Migration Regulations applied so that notification of the delegate's decision was deemed to be received seven days after the date of the document." 'Whether notification was effected by sending a notice to an address or by handing a notice of the decision to the applicant.' 'How the seven working day period in reg 4.31 was to be computed in the circumstances.']

Ratio Decidendi

The notice of the delegate's refusal was handed to the applicant on 26 or 27 October 2000, so notification occurred by personal handing rather than by sending a document to an address. Regulation 5.03 therefore did not defer the date of receipt. Even on the latest possible notification date of 27 October 2000, the seven working day period expired at midnight on 7 November 2000. The application lodged on 8 November 2000 was out of time, and the Refugee Review Tribunal had no jurisdiction to entertain it.

Court Disposition

Application dismissed with costs.

Orders

  • ['The Court record be amended to identify the applicant, in all published documents, only as "H".' 'The application be dismissed.' 'The applicant pay the costs of the respondent.']