Zacovich, Shabnum v Minister for Immigration & Multicultural Affairs & Ors [1997] FCA 768

Zacovich, Shabnum v Minister for Immigration & Multicultural Affairs & Ors [1997] FCA 768

The review officer was obliged to notify Mrs Zacovich of the decision, and in any event neither Mrs Zacovich nor Mr Zacovich was actually given a copy of the decision. Section 53 of the Migration Act 1958 did not apply, the prescribed method of notification was not used, and deemed postal service could not be relied on because the document was not delivered. The prescribed time for applying to the Immigration Review Tribunal therefore had not begun to run, so Mrs Zacovich's application lodged on 31 July 1995 was properly made under section 347 of the Migration Act 1958 and the Tribunal was required to continue and finish the review.

Jurisdiction
Australia
Judgment Date
15 August 1997
Procedural Posture
Federal Court Proceeding Challenging the Immigration Review Tribunal's Refusal to Review a Migration Decision / Final Judgment and Orders
Outcome
Application allowed; declaration and orders made requiring the Immigration Review Tribunal to continue and finish the review, with the Minister to pay the applicant's costs.
Legal Topics
['immigration Review Tribunal Review' 'notification of Migration Decisions' 'time Limits for Review Applications' 'transitional Provisions Under Migration Legislation' 'federal Court Jurisdiction']
['administrative Law' 'migration Law'] ['immigration Review Tribunal Review' 'notification of Migration Decisions' 'time Limits for Review Applications' 'transitional Provisions Under Migration Legislation' 'federal Court Jurisdiction']

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Procedural Posture

Federal Court Proceeding Challenging the Immigration Review Tribunal's Refusal to Review a Migration Decision / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the application for review of the review officer's decision was properly made under section 347 of the Migration Act 1958." 'Whether the review officer was obliged to notify Mrs Zacovich, rather than Mr Zacovich, of the internal review decision under section 343 of the Migration Act 1958.' "Whether any notification of the review officer's decision occurred so as to start the prescribed period for applying to the Immigration Review Tribunal." 'Whether the Federal Court had jurisdiction to order the Immigration Review Tribunal to continue and finish the review.']

Ratio Decidendi

The review officer was obliged to notify Mrs Zacovich of the decision, and in any event neither Mrs Zacovich nor Mr Zacovich was actually given a copy of the decision. Section 53 of the Migration Act 1958 did not apply, the prescribed method of notification was not used, and deemed postal service could not be relied on because the document was not delivered. The prescribed time for applying to the Immigration Review Tribunal therefore had not begun to run, so Mrs Zacovich's application lodged on 31 July 1995 was properly made under section 347 of the Migration Act 1958 and the Tribunal was required to continue and finish the review.

Court Disposition

Application allowed; declaration and orders made requiring the Immigration Review Tribunal to continue and finish the review, with the Minister to pay the applicant's costs.

Orders

  • ['The application for review of the decision made by Barbara Peters on 11 May 1995, which was given to the Immigration Review Tribunal by the applicant on 31 July 1995, was properly made under section 347 of the Migration Act 1958.' 'The Immigration Review Tribunal continue and finish the review of that decision.'...