Lee v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 305

FEDERAL COURT OF AUSTRALIA

Lee v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 305 MIGRATION – appeal from single judge dismissing application for review of decision of Migration Review Tribunal – Tribunal had refused to consider application as appellant had lodged her application outside the statutory time requirements of the Migration Act 1958 (Cth) – appellant did not receive letter advising of delegate's decision – evidence of letter sent within statutory time requirements MIGRATION – Tribunals - purported decision of Migration Review Tribunal to refuse to consider appellant's application – decision made by Deputy Registrar – supposed delegation of power by Principal Member unlawful Migration Act 1958 (Cth) ss 53, 66, 347, 348, 353A, 354, 395, 396, 397, 407 Migration Regulations reg 5.03 Evidence Act 1995 (Cth) ss 58, 69, 135, Santos v Minister for Immigration & Multicultural Affairs (1997) 74 FCR 334, followed National Australia Bank Ltd v Rusu (1999) 47 NSWLR 309, considered Daw v Toyworld (NSW) Pty Ltd (2001) 21 NSWCCR 389, cited Kingham v Sutton (No 3) FCA [2001] 1117, cited Vitali v Stachnik [2001] NSWSC 303, cited PMT Partners (in liq) v Australian National Parks and Wildlife Services (1995) 184 CLR 301, cited FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268, cited Knight v FP Special Assets Ltd (1992) 174 CLR 178, cited Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379, referred to Fenton v Hampton (1858) 11 Moo 347, followed Egan v Willis (1998) 195 CLR 424, followed Semunigus v Minister for Immigration & Multicultural Affairs [2000] FCA 240, referred to Inderjit Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 73, referred to Akand v Minister for Immigration & Multicultural Affairs [2000] FCA 626, referred to R v Hickman; Ex parte Clinton (1945) 70 CLR 598 Odgers "Uniform Evidence Law" (5th ed.) Federation Press JEONG MIN LEE V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N283 of 2002 MADGWICK, MERKEL & CONTI JJ 4 OCTOBER 2002 SYDNEY