SZKQM v Minister for Immigration and Citizenship [2008] FCA 264

SZKQM v Minister for Immigration and Citizenship [2008] FCA 264

The Tribunal complied with the applicable method of giving the letter because it dispatched the dated document by prepaid post to the appellant's last address provided to the Tribunal. Actual receipt was not required for compliance with s 424A, and ordinary prepaid post was sufficient under s 441A(4). Even if the letter were treated as an invitation under s 424 rather than s 424A information, it was given by a method specified in s 441A. The appeal therefore failed.

Jurisdiction
Australia
Judgment Date
06 March 2008
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'section 424 a Information and Invitation' 'service by Prepaid Post' 'deemed Receipt' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'section 424 a Information and Invitation' 'service by Prepaid Post' 'deemed Receipt' 'jurisdictional Error']

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal

Legal Issues

  1. 1 ['Whether the Federal Magistrate erred in finding that the Refugee Review Tribunal complied with s 424A of the Migration Act 1958 (Cth) when the appellant claimed she did not receive the letter dated 5 March 2007.' 'Whether "prepaid post" in s 441A(4) of the Migration Act 1958 (Cth) includes ordinary post or requires registered post or another form of personal delivery.' 'Whether, in light of SZYBR v Minister for Immigration and Citizenship (2007) 235 ALR 609, the Tribunal was obliged to comply with s 424A in relation to the letter.']

Ratio Decidendi

The Tribunal complied with the applicable method of giving the letter because it dispatched the dated document by prepaid post to the appellant's last address provided to the Tribunal. Actual receipt was not required for compliance with s 424A, and ordinary prepaid post was sufficient under s 441A(4). Even if the letter were treated as an invitation under s 424 rather than s 424A information, it was given by a method specified in s 441A. The appeal therefore failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent.']