Vinod, Kamal v Minister for Immigration and Multicultural Affairs & Anor [1996] FCA 735

Vinod, Kamal v Minister for Immigration and Multicultural Affairs & Anor [1996] FCA 735

The 28 day period under s.478(1)(b) of the Migration Act for filing an application for review runs from the date of actual notification of the Tribunal's decision to the applicant. The Court has no power to extend this period under s.478(2). Regulation 5.03 does not operate to deem notification for the purposes of s.478(1)(b)—actual receipt or the statutory presumption of time of delivery applies.

Jurisdiction
Australia
Judgment Date
14 August 1996
Procedural Posture
Application for Judicial Review / Interlocutory (timeliness/extension of Time to File Application)
Legal Topics
['judicial Review' 'extension of Time' 'notification of Decision' 'refugee Status Determination']
['immigration Law' 'administrative Law'] ['judicial Review' 'extension of Time' 'notification of Decision' 'refugee Status Determination']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Judicial Review / Interlocutory (timeliness/extension of Time to File Application)

Legal Issues

  1. 1 ['Whether the application for judicial review was filed within the statutory 28 day time limit under s.478(1)(b) of the Migration Act 1958 (Cth)' 'Whether the Court has power to extend the 28 day period prescribed for filing an application for review under s.478(2)' "How and when 'notification' of the tribunal decision occurs for time calculation purposes"]

Ratio Decidendi

The 28 day period under s.478(1)(b) of the Migration Act for filing an application for review runs from the date of actual notification of the Tribunal's decision to the applicant. The Court has no power to extend this period under s.478(2). Regulation 5.03 does not operate to deem notification for the purposes of s.478(1)(b)—actual receipt or the statutory presumption of time of delivery applies.

Court Disposition

Orders

  • []