Santos, Odelia v Minister for Immigration & Multicultural Affairs [1997] FCA 341

Santos, Odelia v Minister for Immigration & Multicultural Affairs [1997] FCA 341

The notification letter refusing the protection visa was sent within 7 days of its date to the last address supplied by the applicant. Under s 53(3), reg 2.16 and reg 5.03, the notification was taken to have been received 7 days after the date of the notice, notwithstanding that it was returned and not actually...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 May 1997
Procedural Posture
Application to Review a Decision of the Refugee Review Tribunal Concerning Jurisdiction to Review Refusal of a Protection Visa / Federal Court Application for Review of RRT Decision
Outcome
Application dismissed; no order as to costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Jurisdiction' 'notification of Visa Decision' 'deemed Receipt' 'time Limit for Review Application']
['immigration' 'administrative Law'] ['protection Visa Refusal' 'refugee Review Tribunal Jurisdiction' 'notification of Visa Decision' 'deemed Receipt' 'time Limit for Review Application']

Source-derived case record

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Procedural Posture

Application to Review a Decision of the Refugee Review Tribunal Concerning Jurisdiction to Review Refusal of a Protection Visa / Federal Court Application for Review of RRT Decision

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal erred in holding that the application for review was out of time because notice of the Minister's delegate's decision was deemed to have been received." "Whether actual receipt of the Minister's notification was necessary for effective notification under the Migration Act 1958 and Migration Regulations." 'Whether regulation 5.03 applied where the notification letter was returned to the Department within 7 days and was not actually received by the applicant.']

Ratio Decidendi

The notification letter refusing the protection visa was sent within 7 days of its date to the last address supplied by the applicant. Under s 53(3), reg 2.16 and reg 5.03, the notification was taken to have been received 7 days after the date of the notice, notwithstanding that it was returned and not actually received. The time for applying to the RRT therefore expired before the applicant lodged her review application, and the RRT had no jurisdiction to review the delegate's decision.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • ['The application be dismissed.']