Dawai, Seci & Anor v Minister for Immigration & Multicultural Affairs [1997] FCA 25

Dawai, Seci & Anor v Minister for Immigration & Multicultural Affairs [1997] FCA 25

Compliance with prescribed notification provisions results in deemed notification seven days after sending, regardless of actual receipt. The application for review was filed outside the limitation period and is not competent for determination on merits.

Parties
First Applicant: Seci Dawai; Second Applicant: Alumita Vonokula Voravora; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
03 February 1997
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Visa Application, Refugee Review Tribunal, Notification Requirements, Limitation Periods, Statutory Review
Immigration Visa Application Refugee Review Tribunal Notification Requirements Limitation Periods Statutory Review

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 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Seci Dawai

First Applicant

Alumita Vonokula Voravora

Second Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the application for review was lodged within the statutory time period
  2. 2 Interpretation of notification provisions under Migration Act and Migration Regulations

Ratio Decidendi

Compliance with prescribed notification provisions results in deemed notification seven days after sending, regardless of actual receipt. The application for review was filed outside the limitation period and is not competent for determination on merits.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • No order as to costs.