SZVRO v Minister for Immigration and Border Protection [2017] FCA 421

SZVRO v Minister for Immigration and Border Protection [2017] FCA 421

The Minister complied with s 494B(4) in serving notice of the visa refusal to the last address provided for receiving documents (the Claymore address). Consequently, under s 494C(4) the appellant was taken to have received notice seven working days after the date of the document, triggering the 28-day statutory period for lodging a review. As the appellant’s review application was filed out of time and he could not establish a later date of actual receipt, the Tribunal lacked jurisdiction, and the appeal fails.

Parties
Appellant: SZVRO; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
26 April 2017
Procedural Posture
Appeal / Federal Court of Australia Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Time Limits for Review, Notification of Visa Refusal, Interpretation of Migration Act 1958 (cth) Ss 494 B and 494 C
Administrative Law Migration Law Judicial Review Time Limits for Review Notification of Visa Refusal Interpretation of Migration Act 1958 (cth) Ss 494 B and 494 C

Case Brief

Summary, issues, holding and outcome

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Parties

SZVRO

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Federal Court of Australia Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the appellant was properly notified of the delegate's decision under s 494B(4) of the Migration Act 1958 (Cth)
  2. 2 When the appellant was taken to have been notified of the delegate's decision under s 494C(7) of the Migration Act 1958 (Cth)
  3. 3 Whether the Administrative Appeals Tribunal had jurisdiction to review the delegate’s decision

Ratio Decidendi

The Minister complied with s 494B(4) in serving notice of the visa refusal to the last address provided for receiving documents (the Claymore address). Consequently, under s 494C(4) the appellant was taken to have received notice seven working days after the date of the document, triggering the 28-day statutory period for lodging a review. As the appellant’s review application was filed out of time and he could not establish a later date of actual receipt, the Tribunal lacked jurisdiction, and the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of and incidental to the appeal.