Long Guan Chun v Minister for Immigration, Local Government & Ethnic Affairs & Ors Li Liu Ying v Minister for Immigration, Local Government & Ethnic Affairs & Ors Long Guan Juan v Minister for Immigration, Local Government & Ethnic Affairs & Ors [1996] FCA 243

Long Guan Chun v Minister for Immigration, Local Government & Ethnic Affairs & Ors Li Liu Ying v Minister for Immigration, Local Government & Ethnic Affairs & Ors Long Guan Juan v Minister for Immigration, Local Government & Ethnic Affairs & Ors [1996] FCA 243

The majority (Jenkinson and Beazley JJ) held that notification for the purposes of s 478(1)(b) of the Migration Act 1958 is satisfied when the applicant is informed, by an intelligible means, of the outcome of the decision, regardless of whether reasons are also delivered. Therefore, as the appellants were told of the decision on 31 October 1994, the time limit commenced then and their applications were out of time.

Jurisdiction
Australia
Judgment Date
17 April 1996
Procedural Posture
Appeal / Judgment Following Appeal From Orders Dismissing Applications for Review of Refugee Review Tribunal Decisions
Outcome
Appeal dismissed (by majority)
Legal Topics
['protection Visas' 'judicial Review' 'notification of Decision' 'interpretation of Statutory Time Limits']
['migration Law' 'administrative Law'] ['protection Visas' 'judicial Review' 'notification of Decision' 'interpretation of Statutory Time Limits']

Case Brief

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Procedural Posture

Appeal / Judgment Following Appeal From Orders Dismissing Applications for Review of Refugee Review Tribunal Decisions

Legal Issues

  1. 1 ['Whether notification of a decision under s 478 of the Migration Act 1958 requires delivery of written reasons for decision or merely notification of the outcome; whether the applications for review were lodged in time']

Ratio Decidendi

The majority (Jenkinson and Beazley JJ) held that notification for the purposes of s 478(1)(b) of the Migration Act 1958 is satisfied when the applicant is informed, by an intelligible means, of the outcome of the decision, regardless of whether reasons are also delivered. Therefore, as the appellants were told of the decision on 31 October 1994, the time limit commenced then and their applications were out of time.

Court Disposition

Appeal dismissed (by majority)

Orders

  • ['The appeal be dismissed.' "The first respondent's costs of the appeal (including reserved costs) be paid by the appellant."]