Naheem v Minister for Immigration & Multicultural Affairs [1999] FCA 1360

FEDERAL COURT OF AUSTRALIA

Naheem v Minister for Immigration & Multicultural Affairs [1999] FCA 1360 IMMIGRATION – Refugees – Refugee Review Tribunal – Application for review of decision refusing protection visa – Application for review to be lodged within prescribed period – Prescribed period a number of days after notification of Minister's decision – Legislation deeming notification to have been received seven days after date of document – Whether Tribunal erred in applying deeming provision and thus treating application as lodged out of time – Name on envelope containing notification not applicant's full name – Whether notification sent "to the applicant" if full name not used – Tribunal assumed letter directed to applicant – Whether no evidence to support Tribunal's decision – Non‑existent fact. Migration Act 1958 ss 53(3), 66, 412(1), 414(1), 476(1)(g), (4)(b) Migration Regulations regs 2.16(1), 5.03(1) Santos v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 334 applied Dawai v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 379 applied Shrestha v Minister for Immigration and Multicultural Affairs [1997] FCA 1051 applied Tabet v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 446 applied Tjandra v Minister for Immigration and Multicultural Affairs (1998) 50 ALD 454 applied Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 applied

NAINA MOHAMED SAIBO MOHAMED NAHEEM v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 644 OF 1998 SUNDBERG J 1 OCTOBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 644 OF 1998

BETWEEN: NAINA MOHAMED SAIBO MOHAMED NAHEEM

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: SUNDBERG J