Kumar v Minister for Immigration & Multicultural Affairs [1999] FCA 1233

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration & Multicultural Affairs [1999] FCA 1233 MIGRATION - application for review - whether application was within time specified by s 478(1)(b) of the Migration Act 1958 (Cth) - whether notification under s 478(1)(b) may be effected notwithstanding the visa applicant does not have actual knowledge of the decision - whether application was competent. WORDS AND PHRASES - meaning of the word "notice" under s 478(1)(b) of the Migration Act 1958 (Cth)and regs 4.40 and 5.03. Migration Act 1958 (Cth) ss 66(1), 426(1)(b), 430(2), 478(1)(b) and 504 Migration Regulations regs 4.39, 4.40 and 5.03 Migration Regulations (Amendment) Statutory Rules 1997, No 109 (Cth) Migration Regulations (Amendment) Statutory Rules 1997, No 304 (Cth) Acts Interpretation Act 1901 (Cth)s 29 Sook Rye Son v Minister for Immigration and Multicultural Affairs (1999) 161 ALR 612 applied Susiatin v Minister for Immigration and Multicultural Affairs (1998) 83 FCR 574 followed Long Guan Chun v Minister for Immigration Local Government and Ethnic Affairs (1996) 65 FCR 164 considered Bank of Western Australia Ltd v Federal Commissioner of Taxation (1994) 55 FCR 233 applied Dawai v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 379 considered Tabet v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 446 considered Santos v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 334 considered Shrestha v Minister for Immigration and Multicultural Affairs (Sackville J, unreported, 13 October 1997) considered Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 506 considered Webster v McIntosh (1980) 32 ALR 603 considered Deputy Commissioner of Taxation v Ellis & Clark Ltd (1934) 52 CLR 85 considered Brayson Motors Pty Ltd v Federal Commissioner of Taxation (1985) 156 CLR 651 considered Thorn EMI Pty Ltd v Federal Commissioner of Taxation (1987) 13 FCR 491 considered Elazac Pty Ltd v Commissioner of Patents (1994) 53 FCR 86 considered Kamkar v Minister for Immigration and Multicultural Affairs (1996) 71 FCR 424 distinguished Chun Wang v Minister for Immigration and Multicultural Affairs (1996) 71 FCR 386 distinguished Alkaab v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 178 distinguished Harinder Pal Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 613 distinguished Nguyen v Minister for Immigration and Ethnic Affairs (1996) 68 FCR 437 considered Vinod v Minister for Multicultural Affairs (Sackville J, unreported, 14 August 1996) considered