SZBMF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1427

SZBMF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1427

Because the delegate's decision was dispatched to the appellant's nominated postal address in accordance with s 494B(4), the appellant was taken to have received the document under s 494C(4). Being taken to have received the document containing the decision had the same legal and practical effect as being notified of the decision for s 412(1)(b) and reg 4.31(2). The 28 day period therefore expired in April 2003, and the application lodged with the Refugee Review Tribunal on 27 May 2003 was out of time.

Jurisdiction
Australia
Judgment Date
04 October 2005
Procedural Posture
Migration Appeal Concerning Refusal of a Protection (class Xa) Visa and Time for Refugee Review Tribunal Review / Federal Court Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'notification of Visa Decision' 'deemed Receipt by Post' 'time Limit for Refugee Review Tribunal Application' 'jurisdiction to Consider Late Review Application']
['migration Law' 'administrative Law'] ['protection Visa Refusal' 'notification of Visa Decision' 'deemed Receipt by Post' 'time Limit for Refugee Review Tribunal Application' 'jurisdiction to Consider Late Review Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal Concerning Refusal of a Protection (class Xa) Visa and Time for Refugee Review Tribunal Review / Federal Court Judgment on Appeal

Legal Issues

  1. 1 ['Whether a person who is taken to have received a document under s 494C(4) of the Migration Act 1958 (Cth) is thereby notified of the decision for the purposes of s 412(1)(b) of the Act and reg 4.31(2) of the Migration Regulations 1994 (Cth).' "Whether the appellant's application to the Refugee Review Tribunal, lodged on 27 May 2003, was outside the prescribed 28 day period."]

Ratio Decidendi

Because the delegate's decision was dispatched to the appellant's nominated postal address in accordance with s 494B(4), the appellant was taken to have received the document under s 494C(4). Being taken to have received the document containing the decision had the same legal and practical effect as being notified of the decision for s 412(1)(b) and reg 4.31(2). The 28 day period therefore expired in April 2003, and the application lodged with the Refugee Review Tribunal on 27 May 2003 was out of time.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The Applicant to pay the First Respondent's costs fixed in the agreed amount of $3,500.00."]