Kim v Minister for Immigration & Multicultural Affairs [2006] FCAFC 64

Kim v Minister for Immigration & Multicultural Affairs [2006] FCAFC 64

Because the Tribunal's District Registrar gave evidence that the hearing invitation was sent by prepaid post to the appellant's residential address as recorded in her Tribunal application, ss 379A(4) and 379C(4) of the Migration Act 1958 (Cth) deemed the appellant to have received it. The Court could not inquire into actual receipt, and no error was shown in the Federal Magistrate's decision.

Jurisdiction
Australia
Judgment Date
04 May 2006
Procedural Posture
Appeal From a Federal Magistrates Court Decision Refusing an Application for Constitutional Writs Concerning Refusal of Educational (temporary) (class Th) Visas / Substantive Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['procedural Fairness' 'natural Justice' 'notification by Prepaid Post' 'deemed Receipt of Tribunal Documents' 'constitutional Writs' 'educational (temporary) (class Th) Visas']
['migration Law' 'administrative Law'] ['procedural Fairness' 'natural Justice' 'notification by Prepaid Post' 'deemed Receipt of Tribunal Documents' 'constitutional Writs' 'educational (temporary) (class Th) Visas']

Case Brief

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Procedural Posture

Appeal From a Federal Magistrates Court Decision Refusing an Application for Constitutional Writs Concerning Refusal of Educational (temporary) (class Th) Visas / Substantive Appeal

Legal Issues

  1. 1 ['Whether the appellant was denied natural justice or procedural fairness because she did not receive letters from the Tribunal inviting her to a hearing.' "Whether the Federal Magistrate erred in refusing constitutional writs in respect of the delegate's decision to refuse educational (temporary) (class TH) visas."]

Ratio Decidendi

Because the Tribunal's District Registrar gave evidence that the hearing invitation was sent by prepaid post to the appellant's residential address as recorded in her Tribunal application, ss 379A(4) and 379C(4) of the Migration Act 1958 (Cth) deemed the appellant to have received it. The Court could not inquire into actual receipt, and no error was shown in the Federal Magistrate's decision.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']