Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 613

Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 613

The notification was deliberately sent by registered mail to Dubbo Post Office for collection rather than sent to or left at the applicant's supplied address, 215 Macquarie Street, Dubbo. Because a prerequisite for the conclusive presumption in s 53(3) and regulation 5.03 was not met, the notification was not deemed received 7 days after its date. The rebuttable presumption in s 29 of the Acts Interpretation Act applied, and the evidence showed delivery did not occur until 13 November 1997. The application lodged with the Tribunal four days later was in time, so the Tribunal erred in law in holding that it lacked jurisdiction.

Jurisdiction
Australia
Judgment Date
11 May 1999
Procedural Posture
Migration; Application for Judicial Review of Refugee Review Tribunal Decision Concerning Protection Visa Review Jurisdiction / Federal Court Application Allowed; Tribunal Decision Set Aside and Remitted
Outcome
Application allowed.
Legal Topics
['protection Visa' 'notification of Visa Refusal' 'registered Post' 'deemed Receipt' 'time Limit for Refugee Review Tribunal Review' 'jurisdiction of Refugee Review Tribunal']
['migration Law' 'administrative Law' 'statutory Interpretation'] ['protection Visa' 'notification of Visa Refusal' 'registered Post' 'deemed Receipt' 'time Limit for Refugee Review Tribunal Review' 'jurisdiction of Refugee Review Tribunal']

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Procedural Posture

Migration; Application for Judicial Review of Refugee Review Tribunal Decision Concerning Protection Visa Review Jurisdiction / Federal Court Application Allowed; Tribunal Decision Set Aside and Remitted

Legal Issues

  1. 1 ['Whether notification of the delegate\'s refusal sent by registered letter and held at a post office for collection was "sent to" the applicant\'s supplied address under s 53(3) of the Migration Act 1958 (Cth) and the Migration Regulations.' 'Whether "sent" in the relevant provisions meant merely posted or required sending to the address supplied by the applicant.' 'Whether the Refugee Review Tribunal erred in deciding that the application for review was out of time and that it lacked jurisdiction.']

Ratio Decidendi

The notification was deliberately sent by registered mail to Dubbo Post Office for collection rather than sent to or left at the applicant's supplied address, 215 Macquarie Street, Dubbo. Because a prerequisite for the conclusive presumption in s 53(3) and regulation 5.03 was not met, the notification was not deemed received 7 days after its date. The rebuttable presumption in s 29 of the Acts Interpretation Act applied, and the evidence showed delivery did not occur until 13 November 1997. The application lodged with the Tribunal four days later was in time, so the Tribunal erred in law in holding that it lacked jurisdiction.

Court Disposition

Application allowed.

Orders

  • ['The decision of the Refugee Review Tribunal of 16 January 1998 be set aside.' 'The case be remitted to the Tribunal for a hearing on the merits.' "The respondent pay the applicant's costs."]