Tabet, Nahia v The Minister for Immigration and Multicultural Affairs [1997] FCA 547

CATCHWORDS IMMIGRATION - application for review of two decisions of the respondent - objection to competency - decision of respondent to refuse to grant a visa - decision not judicially reviewable as internally reviewable decision. IMMIGRATION - decision of respondent to refuse to grant a visa - notification of decision sent by post pursuant to the Migration Act 1958 and Migration Regulations - applicant changed address without informing respondent as required - redirection of mail arranged with Post Office - letter held by Post Office for one month before sent to applicant - notification deemed seven days after date of letter - prescribed period to apply for review of decision expired before applicant received actual notification of decision - actual receipt of decision not necessary for notification - application to dismiss review application under O 20 r 2 granted. Migration Act 1958 ss 53, 66(1), 337, 338, 339(1), 339(1)(b)(i), 475, 485(1) and 486 Migration Regulations 2.16(1)(c), 4.02(2)(a) and 5.03(1)(a) Federal Court Rules O 20 r 2 Dwyer v Huxtable (1989) 18 ALD 252 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Walton v Gardiner (1993) 177 CLR 378 Coung Van Nguyen v Gerkens (Ryan J, 8 October 1996,unreported) Seci Dawai and Anor v Minister for Immigration and Multicultural Affairs (Moore J, 3 February 1997, unreported) Santos v Minister for Immigration & Multicultural Affairs (Tamberlin J, 8 May 1997, unreported) Van Chuong Nguyen v Minister for Immigration and Ethnic Affairs (Moore J, 31 July 1996, unreported) Kamkar v Minister for Immigration and Multicultural Affairs (North J, 9 December 1996, unreported) No SG 8 of 1997 NAHIA TABET v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Mansfield J Adelaide 23 June 1997

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 8 of 1997 ) GENERAL DIVISION ) BETWEEN: NAHIA TABET Applicant - and - THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent MINUTES OF ORDER CORAM: Mansfield J PLACE: Adelaide DATE: 23 June 1997 THE COURT ORDERS THAT: 1. The application be dismissed. 2. There be no order for costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.