Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 377

Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 377

By majority, although sending the decision by registered pre-paid mail was a valid sending to Mr Singh's address under reg 2.16(1)(c), reg 5.03 was invalid insofar as it purported to operate in respect of the time limits imposed by reg 4.31 pursuant to s 412 of the Migration Act 1958 (Cth). Because reg 5.03 could not be relied on to deem receipt on 24 September 1997, and the primary judge found that actual receipt occurred only shortly before the Tribunal application, the application was within time and the Tribunal should have determined it on the merits.

Jurisdiction
Australia
Judgment Date
04 April 2000
Procedural Posture
Migration Appeal Concerning Judicial Review of a Refugee Review Tribunal Jurisdiction Decision / Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'notification of Visa Decision' 'registered Pre Paid Mail' 'time Limit for Refugee Review Tribunal Review' 'validity of Delegated Legislation' 'migration Regulations 1994 (cth) Reg 5.03']
['migration Law' 'administrative Law'] ['protection Visa Refusal' 'notification of Visa Decision' 'registered Pre Paid Mail' 'time Limit for Refugee Review Tribunal Review' 'validity of Delegated Legislation' 'migration Regulations 1994 (cth) Reg 5.03']

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Procedural Posture

Migration Appeal Concerning Judicial Review of a Refugee Review Tribunal Jurisdiction Decision / Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether sending the Minister's decision by registered pre-paid mail was notification by sending notice to the applicant's address under reg 2.16(1)(c) of the Migration Regulations 1994 (Cth)." 'Whether reg 5.03 deemed the notice to have been received seven days after the date of the document.' 'Whether reg 5.03 was invalid insofar as it operated in respect of time limits imposed by reg 4.31 pursuant to s 412 of the Migration Act 1958 (Cth).' "Whether Mr Singh's application to the Refugee Review Tribunal was within time."]

Ratio Decidendi

By majority, although sending the decision by registered pre-paid mail was a valid sending to Mr Singh's address under reg 2.16(1)(c), reg 5.03 was invalid insofar as it purported to operate in respect of the time limits imposed by reg 4.31 pursuant to s 412 of the Migration Act 1958 (Cth). Because reg 5.03 could not be relied on to deem receipt on 24 September 1997, and the primary judge found that actual receipt occurred only shortly before the Tribunal application, the application was within time and the Tribunal should have determined it on the merits.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay to the respondent his costs of the appeal to be taxed.']