Bui v Minister for Immigration and Border Protection [2017] FCA 714

Bui v Minister for Immigration and Border Protection [2017] FCA 714

The appellant failed to produce evidence that the authorised recipient's 18 June 2014 letter notifying a change of email address was dispatched to or received by the Minister's department. The delegate's decision was therefore validly notified on 27 June 2014 by email to the last provided address, the 21 day period under s 347(1)(b) expired on 18 July 2014, and the attempted filing on 26 August 2014 was out of time. Because timely filing was a jurisdictional prerequisite, the Tribunal did not have jurisdiction and the appeal had to be dismissed.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia
Outcome
Appeal dismissed
Legal Topics
['time Limit for Tribunal Review Application' "notification of Delegate's Decision" 'authorised Recipient Email Address' 'electronic Communication' 'tribunal Jurisdiction' 'procedural Fairness']
['migration Law' 'administrative Law'] ['time Limit for Tribunal Review Application' "notification of Delegate's Decision" 'authorised Recipient Email Address' 'electronic Communication' 'tribunal Jurisdiction' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia

Legal Issues

  1. 1 ["Whether the appellant lodged her application for review to the Tribunal within the 21 days' time limit set by s 347(1)(b)(i) of the Migration Act 1958 (Cth)." "Whether the 18 June 2014 letter giving notice of a change in the authorised recipient's email address was dispatched by email in accordance with s 14 of the Electronic Transactions Act 1999 (Cth) or actually received by the Minister in accordance with s 52(3) of the Migration Act 1958 (Cth)." "Whether the Tribunal had jurisdiction to consider the appellant's review application."]

Ratio Decidendi

The appellant failed to produce evidence that the authorised recipient's 18 June 2014 letter notifying a change of email address was dispatched to or received by the Minister's department. The delegate's decision was therefore validly notified on 27 June 2014 by email to the last provided address, the 21 day period under s 347(1)(b) expired on 18 July 2014, and the attempted filing on 26 August 2014 was out of time. Because timely filing was a jurisdictional prerequisite, the Tribunal did not have jurisdiction and the appeal had to be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The notice of appeal filed on 10 January 2017 be dismissed.' "The appellant pay the first respondent's costs of the appeal, to be taxed or agreed."]