Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tay v Minister for Immigration & Citizenship [2010] FCAFC 23 Citation: Tay v Minister for Immigration & Citizenship [2010] FCAFC 23
Appeal from: Tay v Migration Review Tribunal (No2) [2009] FCA 591 Tay v Migration Review Tribunal & Anor [2009] FMC Order 12 October 2009
Parties: SWEE YEN TAY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number(s): SAD 82 of 2009 SAD 167 of 2009
Judges: DOWSETT, STONE AND BENNETT JJ
Date of judgment: 10 March 2010
Catchwords: MIGRATION – application for leave to appeal from the decision of a single Judge of the Federal Court summarily dismissing application – application for leave to appeal from the decision of a Federal Magistrate who summarily dismissed a similar application – whether s 494C(5) creates a rebuttable presumption of fact – whether applicant entitled to lead evidence to show that she did not receive notification on the day on which the statute deemed notification to have taken place.
Legislation: Electronic Transactions Act 1999 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Magistrates Act 1999 (Cth) Migration Act 1958 (Cth) ss 5(23), 338(2), 494C(5) Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 Migration Regulations 1994 (Cth) reg. 4.10
Cases cited: Brilliant Digital Entertainment Pty Ltd v Universal Music Australia Pty Ltd [2004] FCAFC 270; 63 IPR 373 Carr v Western Australia (2007) 232 CLR 138 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Farah Constructions Pty Limited v Say-Dee Pty Ltd (2007) 230 CLR 89 Macquarie Bank Ltd v Fociri Pty Ltd (1992) 27 NSWLR 203 Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 77 Murphy v Minister for Immigration & Multicultural Affairs & Indigenous Affairs (2004) 135 FCR 550 Sharp v Deputy Commissioner of Taxation (1988) 88 ATC 4,184
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