Rahman, Mohammed Shaifur v Minister for Immigration & Multicultural Affairs [1998] FCA 705

Rahman, Mohammed Shaifur v Minister for Immigration & Multicultural Affairs [1998] FCA 705

The Refugee Review Tribunal's decision that it lacked jurisdiction was set aside because it was based on the factual premise that the applicant's last notified residential address was 89A Reservoir Street, Surry Hills, which the Court found was not so, and because the Department failed to send notification to PO Box 198, Darlinghurst, the address nominated by the applicant under s 53(4). The Tribunal therefore erred in treating the review application as out of time; the appeal was within time and the Tribunal had jurisdiction to determine it on the merits.

Jurisdiction
Australia
Judgment Date
09 June 1998
Procedural Posture
Migration Judicial Review of Refugee Review Tribunal Decision / Final Orders and Ex Tempore Reasons
Outcome
The application was allowed; the Refugee Review Tribunal decision was set aside and the matter remitted to the Tribunal to be heard and determined according to law.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'notification of Visa Refusal Decision' 'time for Lodging Tribunal Review Application' 'residential Address and Postal Address Under Migration Act 1958']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'notification of Visa Refusal Decision' 'time for Lodging Tribunal Review Application' 'residential Address and Postal Address Under Migration Act 1958']

Case Brief

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Procedural Posture

Migration Judicial Review of Refugee Review Tribunal Decision / Final Orders and Ex Tempore Reasons

Legal Issues

  1. 1 ['Whether the application to the Refugee Review Tribunal was lodged within time.' "Whether notification of the delegate's decision refusing a protection visa was sent to the applicant's last notified residential address." 'Whether notification should have been sent to the postal address nominated by the applicant under s 53(4) of the Migration Act 1958.' "Whether the Tribunal's decision that it lacked jurisdiction was based on no evidence or on a fact that did not exist."]

Ratio Decidendi

The Refugee Review Tribunal's decision that it lacked jurisdiction was set aside because it was based on the factual premise that the applicant's last notified residential address was 89A Reservoir Street, Surry Hills, which the Court found was not so, and because the Department failed to send notification to PO Box 198, Darlinghurst, the address nominated by the applicant under s 53(4). The Tribunal therefore erred in treating the review application as out of time; the appeal was within time and the Tribunal had jurisdiction to determine it on the merits.

Court Disposition

The application was allowed; the Refugee Review Tribunal decision was set aside and the matter remitted to the Tribunal to be heard and determined according to law.

Orders

  • ['The decision of the Refugee Review Tribunal be set aside.' 'The matter be remitted to the Tribunal to be heard and determined according to law.']