Kumar v Minister for Immigration & Multicultural Affairs [1999] FCA 1233

Kumar v Minister for Immigration & Multicultural Affairs [1999] FCA 1233

The Tribunal's decision letter dated 27 January 1999 was posted on 28 January 1999 to the applicant's last address for service. Regulation 5.03, in its amended form and as part of the legislative scheme, applied for the purposes of the Act so that the document was taken to be received on 3 February 1999. That deemed receipt constituted notification for s 478(1)(b). The application lodged on 8 March 1999 was not lodged within 28 days of that notification and was therefore not competent, so it had to be dismissed.

Jurisdiction
Australia
Judgment Date
09 September 1999
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Judgment on Respondent's Objection to Jurisdiction/competency Based on Time Limit Under S 478(1)(b) of the Migration Act 1958 (cth)
Outcome
Application for review dismissed as out of time and not competent.
Legal Topics
['protection Visa' 'judicial Review Time Limit' 'notification of Tribunal Decision' 'deemed Receipt of Documents' 'jurisdiction of the Federal Court']
['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review Time Limit' 'notification of Tribunal Decision' 'deemed Receipt of Documents' 'jurisdiction of the Federal Court']

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Judgment on Respondent's Objection to Jurisdiction/competency Based on Time Limit Under S 478(1)(b) of the Migration Act 1958 (cth)

Legal Issues

  1. 1 ["Whether the application for review was lodged within 28 days of the applicant being notified of the Tribunal's decision under s 478(1)(b) of the Migration Act 1958 (Cth)." 'Whether notification under s 478(1)(b) requires actual knowledge of the Tribunal decision or may be effected by deemed receipt under reg 5.03 of the Migration Regulations.' 'Whether the application for review was competent.']

Ratio Decidendi

The Tribunal's decision letter dated 27 January 1999 was posted on 28 January 1999 to the applicant's last address for service. Regulation 5.03, in its amended form and as part of the legislative scheme, applied for the purposes of the Act so that the document was taken to be received on 3 February 1999. That deemed receipt constituted notification for s 478(1)(b). The application lodged on 8 March 1999 was not lodged within 28 days of that notification and was therefore not competent, so it had to be dismissed.

Court Disposition

Application for review dismissed as out of time and not competent.

Orders

  • ['The application for review is dismissed.']