Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v ASE15 [2016] FCAFC 37 Appeal from: ASE15 v Minister for Immigration & Anor [2015] FCCA 2581
File number: WAD 585 of 2015
Judges: NORTH, BARKER AND MORTIMER JJ
Date of judgment: 11 March 2016
Catchwords: MIGRATION – application for protection (class XA) visa – appeal from Federal Circuit Court of Australia – where respondents did not receive initial letter notifying of Minister's decision to refuse visa – whether re-sent letter was second notification – whether time for merits review application ran from initial or re-sent letter – whether failure to explain time period for merits review when re-sending letter was procedurally fair – appeal allowed
Legislation: Migration Act 1958 (Cth) s 48A, s 48B, s 51A, s 66, s 66(1), s 412(1), s 476(1), s 494B(4), s 494C(4) Migration Regulations 1994 (Cth) reg 2.16(3), reg 4.31(2)
Cases cited: ASE15 v Minister for Immigration & Anor [2015] FCCA 2581 H v Minister for Immigration and Multicultural Affairs (2002) 188 FCR 153; [2002] FCAFC 18
Date of hearing: 17 February 2016
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 52
Counsel for the Appellant: Mr RJS French
Solicitor for the Appellant: Australian Government Solicitor
Counsel for the Respondents: Mr T Savu
Solicitor for the Respondents: Savu Esq
ORDERS WAD 585 of 2015
BETWEEN: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Appellant
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