Samy, Muthulingam Muttukkumara v Minister for Immigration & Multicultural Affairs & Anor [1996] FCA 1085

Samy, Muthulingam Muttukkumara v Minister for Immigration & Multicultural Affairs & Anor [1996] FCA 1085

The application form did not evidence authority for the Tribunal to notify the solicitor alone. Notification to the applicant occurred when he actually received the decision. Therefore, the application was lodged within time and the motion to dismiss must fail.

Jurisdiction
Australia
Judgment Date
09 December 1996
Procedural Posture
Application for Review of Decision / Motion to Dismiss for Being Out of Time
Outcome
motion dismissed with costs
Legal Topics
['time Limits for Applications' 'notification of Decision' 'jurisdiction of Federal Court']
['immigration Law'] ['time Limits for Applications' 'notification of Decision' 'jurisdiction of Federal Court']

Case Brief

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Procedural Posture

Application for Review of Decision / Motion to Dismiss for Being Out of Time

Legal Issues

  1. 1 ['Whether application was lodged within 28 days of applicant being notified of the Tribunal decision' "Whether solicitor was authorised to receive notification on applicant's behalf under Migration Regulations"]

Ratio Decidendi

The application form did not evidence authority for the Tribunal to notify the solicitor alone. Notification to the applicant occurred when he actually received the decision. Therefore, the application was lodged within time and the motion to dismiss must fail.

Court Disposition

motion dismissed with costs

Orders

  • ["The respondent's motion filed on 8 October 1996 is dismissed with costs."]