Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 193

Federal Court of Australia

Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 193 Appeal from: Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 451

File number: NSD 535 of 2023

Judgment of: BURLEY, LEE AND RAPER JJ

Date of judgment: 11 December 2023

Catchwords: MIGRATION – appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the AAT application for merits review of the Minister's non-revocation decision of the appellant's visa cancellation was made out of time – whether notification of the non-revocation decision by email to the appellant's then solicitor constituted proper notification – whether personal delivery of the notice to the appellant or his representative required for the purpose of s 501G(3) and regulation 5.02 – required notice given – appeal dismissed.

Legislation: Acts Interpretation Act 1901 (Cth) ss 28A, 29 Electronic Transactions Act 1999 (Cth) Legislation Act 2003 (Cth) s 13(1) Migration Act 1958 (Cth) ss 127(1), 430D(2), 494A, 494A(1)(b)(ii), 494B, 494C, 494D, 500(6B), 501(3A), 501CA(4), 501G(1), 501G(3) Migration Legislation Amendment Act (No 1) 1998 (Cth) Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 (Cth) Migration Amendment Regulations 2001 (No 6) (Cth) Migration Regulations 1994 (Cth) regs 2.55, 2.55(2)(b), 2.55(3), 4.11, 4.31AA, 5.02, 5.03