Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Citizenship [2011] FCAFC 27 Citation: Singh v Minister for Immigration & Citizenship [2011] FCAFC 27
Appeal from: Singh v Minister for Immigration & Anor [2010] FMCA 305
Parties: PARGAT SINGH and SUKHWANT SINGH v MINISTER FOR IMMIGRATION & CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File numbers: QUD 181 of 2010 QUD 182 of 2010
Judges: KEANE CJ, COLLIER AND LOGAN JJ
Date of judgment: 4 March 2011
Catchwords: MIGRATION – Visa cancellation by Minister's delegate – appellants' authorised recipient notified of decision by registered mail – further notifications to authorised recipient – whether second notification gives rise to new period in which review application can be commenced – whether the first notification was sent to "the last business address" for the purposes of s 494B – whether s 494C cures a defective notification – whether the second notification "frustrated or negated" the appellants' entitlement to apply for review. ESTOPPEL – whether estoppel arises from second notification which prevents Minister from asserting that review application commenced out of time.
Legislation: Acts Interpretation Act 1901 (Cth) Migration Act 1958 (Cth) Migration Regulations Act 1994 (Cth)
Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Chun Wang v Minister for Immigration & Multicultural Affairs (1997) 151 ALR 717 considered Egan v Commissioner of Taxes (Qld) (1934) 3 ATD 53 considered H v MIMA (2002) 118 FCR 153 cited Howell v Falmouth Boat Construction Co Ltd [1951] AC 837 cited Minister for Immigration and Citizenship v Abdul Manaf [2009] FCA 963 cited Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 cited q.v. R v North and East Devon Health Authority; Ex parte Coughlan [2001] QB 213 cited Re Minister for Immigration and Multicultural Affairs; ex parte Lam (2003) 214 CLR 1 cited Robertson v Minister of Pensions [1949] 1 KB 227 cited WAFV of 2002 v Refugee Review Tribunal [2003] FCA 16 cited Zhang v Minister for Immigration and Citizenship (2007) 161 FCR 419 cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate