Minister for Immigration and Citizenship v SZMTR [2009] FCAFC 186

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v SZMTR [2009] FCAFC 186 CITIZENSHIP AND MIGRATION –– ADMINISTRATIVE LAW –– notification of applicant for protection visa of decision –– Migration Act 1958 (Cth) ss 66, 412, 494B, 494C –– applicant for protection visa uses two names ML and HZ –– holds Chinese passport in name of HZ, but says ML is correct name –– applicant applies for protection visa under name ML –– application is refused and envelope containing decision sent to address given by applicant but HZ's name only name on envelope ––applicant received the decision ––whether the statutory scheme for notification in Act required use of ML's name on envelope containing decision –– methods in s 494B(4) of the Act permitting Minister to notify an applicant of a decision to refuse a visa CITIZENSHIP AND MIGRATION –– ADMINISTRATIVE LAW –– notification of applicant for protection visa –– Migration Act 1958 (Cth) ss 66(2)(d)(ii) and (iv) –– Migration Regulations 1994 (Cth) reg 4.31 –– a brochure referring to various circumstances including those relevant to applicant sent to applicant with notification of decision to refuse visa –– whether brochure in that form complied with statutory requirement to notify the applicant of (1) the time in which the application for review could be made and (2) the place where that application for review could be made Held: (1) envelope used latest address for service provided by the applicant for visa and a name she had used in connection with her application; sufficient compliance with ss 66(1) and 494B(4) (2) the brochure sufficiently set out the time frames for review and the various addresses of the tribunal registry Migration Act 1958 (Cth) ss 45, 66, 412, 494B, 494C Migration Regulations 1994 (Cth) reg 4.31 Capper v Thorpe (1998) 194 CLR 342 cited Coulton v Holcombe (1986) 162 CLR 1 applied Minister for Immigration and Citizenship v SZIZO (2009) 259 ALR 405 applied Minister for Immigration and Citizenship v SZKPQ (2008) 166 FCR 84 considered Pomare v Minister for Immigration and Citizenship (2008) 167 FCR 494 discussed SZIZO v Minister for Immigration and Citizenship (2008) 172 FCR 152 discussed Zhan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 128 FCR 469 followed MINISTER FOR IMMIGRATION AND CITIZENSHIP v SZMTR and REFUGEE REVIEW TRIBUNAL