Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Russell v Minister for Home Affairs [2019] FCAFC 110 Appeal from: Russell v Minister for Home Affairs [2018] FCA 2102
File number: NSD 2403 of 2018
Judge: NICHOLAS, BROMWICH AND BURLEY JJ
Date of judgment: 25 June 2019
Catchwords: MIGRATION – appeal from the Federal Court of Australia – where the primary judge dismissed an application for judicial review of a "no jurisdiction" decision of the Administrative Appeals Tribunal – whether the primary judge erred in finding the appellant failed to lodge her application for a merits review to the Tribunal in accordance with s 500(6B) Migration Act 1958 (Cth) – whether, pursuant to s 14A Electronic Transactions Act 1999 (Cth), an electronic communication is "capable of being retrieved" by the Tribunal "at an electronic address designated" by the Tribunal once it enters the Tribunal's information system – appeal dismissed
Legislation: Electronic Transactions Act 1999 (Cth) s 14A Electronic Transactions Bill 2011 (Cth) Evidence Act 1995 (Cth) s 161(1) Migration Act 1958 (Cth) s 500(6b), 501G, 494B(2) Migrations Regulations 1994 (Cth) reg 4.11(1), (5) United Nations Convention on the Use of Electronic Communications in International Contracts (New York, entered into force 1 March 2013)
Cases cited: Pomare v Minister for Immigration and Citizenship [2008] FCA 458; 167 FCR 494 Russell v Minister for Home Affairs [2018] FCA 2102
Date of hearing: 28 May 2019
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