Li v Minister for Immigration & Multicultural Affairs [1999] FCA 1147

FEDERAL COURT OF AUSTRALIA

Li v Minister for Immigration & Multicultural Affairs [1999] FCA 1147 MIGRATION – application for an order of review of a decision of the Immigration Review Tribunal ("the Tribunal") – Tribunal held that it was not able to accept the applicant's Application for Review of an Immigration Decision because it was not lodged within the time prescribed by the Migration Regulations 1994 (Cth) – whether the Court has jurisdiction to review the Tribunal's decision – whether reg 4.10(1)(a)(ii) is invalid for inconsistency with s 347(1)(b)(i) of the Migration Act 1958 (Cth) – whether reg 5.03 is invalid on the ground of unreasonableness – whether s 53(4) requires one natural person to be notified at the specified address – whether reg 5.03 applies where the notification is to the wrong address - whether receipt of actual notification of the Tribunal's decision by the applicant's solicitors amounted to notification to the applicant. Acts Interpretation Act 1901 (Cth)ss 22, 23, 29, 46 Evidence Act 1995 (Cth) s 160

Migration Act 1958 (Cth) ss 5, 53, 66, 347(1), 475(1)(a), 475(1)(c), 475(2), 476, 481, 485 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3 Migration Regulations 1994 (Cth) regs 2.16(1), 4.10(1)(a)(ii), 5.03 Federal Court Rules, O 20 r 2 Jones v Dunkel (1959) 101 CLR 298, referred to Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 613, discussed Tabet v Minister for Immigration & Multicultural Affairs (1997) 75 FCR 446, discussed Dawai v Minister for Immigration & Multicultural Affairs (1997) 71 FCR 379 , cited Santos v Minister for Immigration & Multicultural Affairs (1997) 74 FCR 334, 144 ALR 229, cited Schokker v Commissioner of Taxation (1998) 82 FCR 113, 162 ALR 275, cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, 94 ALR 11, applied Hutchins v Commissioner of Taxation (1996) 65 FCR 269, 136 ALR 153, cited Australian National University v Lewins (1996) 68 FCR 87, 138 ALR 1, cited Salerno v National Crime Authority (1997) 75 FCR 133, 144 ALR 709, cited Minister for Primary Industries & Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381, 112 ALR 211, applied Uddin v Minister for Immigration & Multicultural Affairs [1999] FCA 1041, cited