Murphy v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 657

Murphy v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 657

Section 494C(4) of the Migration Act 1958 (Cth) deems the applicant to have received the notification of visa refusal seven working days after dispatch, regardless of actual delivery or knowledge, manifesting a contrary intention to s 29 of the Acts Interpretation Act; thus, the application for review was made out of time and is ineligible; the Migration Review Tribunal made no jurisdictional error.

Parties
Applicant: Patrick Michael Murphy; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
25 May 2004
Procedural Posture
Appeal / Judgment
Outcome
application dismissed
Legal Topics
Notification of Visa Refusal, Service by Post, Jurisdictional Error, Interpretation of Statutory Service Provisions
Migration Law Administrative Law Notification of Visa Refusal Service by Post Jurisdictional Error Interpretation of Statutory Service Provisions

Case Brief

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Parties

Patrick Michael Murphy

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether notification of Minister's decision to refuse visa application is effective when written notification is sent by prepaid post to an address the Minister knows will result in the notification being returned undelivered
  2. 2 Whether subs 494C(4) of the Migration Act 1958 (Cth) evidences a contrary intention to s 29 of the Acts Interpretation Act 1901 (Cth)

Ratio Decidendi

Section 494C(4) of the Migration Act 1958 (Cth) deems the applicant to have received the notification of visa refusal seven working days after dispatch, regardless of actual delivery or knowledge, manifesting a contrary intention to s 29 of the Acts Interpretation Act; thus, the application for review was made out of time and is ineligible; the Migration Review Tribunal made no jurisdictional error.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • Unless submissions are received within seven days from either party seeking to contend to the contrary, the applicant pay the respondent's costs of and incidental to the application, to be taxed if not agreed.