Vean of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 311

FEDERAL COURT OF AUSTRALIA

Vean of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 311

MIGRATION – means of notification of decision of delegate of respondent – consideration of ss 494B, 494C and 494D of Migration Act 1958 (Cth) – purported notification sent by registered mail to appellant at care of address of authorised recipient – whether registered mail addressed in that way was given to authorised recipient MIGRATION – notification of decision of delegate of respondent – consideration of ss 66(2)(d) of Migration Act 1958 (Cth) – whether notification fulfilled requirements of s 66(2)(d)(ii) where certain information required to be contained in notification argued to be incomplete or inaccurate – contention first raised on appeal – issue not determined

Migration Act 1958 (Cth) ss 66(2), 412(1), 494B, 494C, 494D Migration Legislation Amendment (Electronic Transmission and Methods of Notification) Act 2001 (Cth) Chan Ta Srey v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1292 considered Zhan v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 327 referred to Chan Ta Srey v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1209 referred to Fernando v Minister for Immigration and Multicultural Affairs [2000] FCA 324 followed Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte 'A' [2001] HCA 77 considered; Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Miah [2001] HCA 22; (2001) 206 CLR 57 considered Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied Vetter v Lake Macquarie City Council [2001] HCA 12; 202 CLR 439 applied Plaintiff S 157 of 2002 v Commonwealth of Australia [2003] HCA 2;(2003) 211 CLR 476 applied