DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64

FEDERAL COURT OF AUSTRALIA

DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64 Appeal from: DFQ17 v Minister for Immigration [2018] FCCA 635

File number: NSD 369 of 2018

Judges: RARES, PERRAM AND FARRELL JJ

Date of judgment: 18 April 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing appeal from Administrative Appeals Tribunal – where Tribunal found it had no jurisdiction to review application made out of time – where letter notifying of refusal of visa by Minister sent to post office box address – whether post office box address was 'address for service' – whether letter 'stated' the time in which the application for review may be made STATUTES – Migration Act 1958 (Cth) ss 66, 494B – 'address for service' – 'state'

Legislation: Acts Interpretation Act 1901 (Cth) ss 28A, 36 Migration Act 1958 (Cth) ss 66, 494B, 494C Migration Regulations 1994 (Cth) regs 2.16, 4.31

Cases cited: Cao v Minister for Immigration and Citizenship [2009] FCA 586; 176 FCR 396 CGJ16 v Minister for Immigration and Border Protection [2018] FCA 1437 Chan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1292; 134 FCR 308 House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44; 48 NSWLR 498 Polo/Lauren Company LP v Ziliani Holdings Pty Ltd [2008] FCAFC 195; 173 FCR 266 Sunrise Auto Limited v Commissioner of Taxation [1995] FCA 969; 61 FCR 446 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 347 ALR 405 SZVRO v Minister for Immigration and Border Protection [2017] FCA 421 Vetter v Lake Macquarie City Council [2001] HCA 12; 202 CLR 439 Zhan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 327; 128 FCR 469