Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 377

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 377 MIGRATION – application for protection visa – notification of decision of Minister given by registered pre-paid mail – notification not in fact received by visa applicant until some months later – postal article inadvertently misplaced at post office – whether notification in that manner is notification under reg 2.16(1) by sending notice of decision to visa applicant's address – whether notification deemed by reg 5.03 to have been received seven days after it was dated – whether application for review within time prescribed by s 412 and reg 4.31.

MIGRATION – Migration Regulations – s 412 provides for time within which application for review of decision of Minister to be prescribed – reg 4.31 prescribes time limits for such applications – reg 5.03 deems notification of Minister's decision to have been received seven days after it was dated in certain circumstances – whether reg 5.03 may operate to abridge time periods prescribed by reg 4.31 – whether reg 5.03 may operate effectively to nullify right of review granted by s 412 -–whether reg 5.03 valid exercise of regulation making power. Acts Interpretation Act 1901 (Cth) s 28A and s 29 Evidence Act 1995 (Cth) ss 4, 160, 160(1) Migration Act 1958 (Cth) ss 53, 53(1), 53(3), 53(4), 66, 66(1), 66(2)(c), 347(1)(b), 411, 412, 412(1)(b), 414, 504(3A), 504(1)(e) Migration Regulations 1994 (Cth) regs 2.16(1), 2.16(1)(c), 4.10(1)(a)(ii), 4.31, 4.31(2)(a), 4.31(2)(b), 4.31(3)(a), 4.31(4), 5.03 Dawai v Minister for Immigration & Multicultural Affairs (1997) 71 FCR 379 referred to Santos v Minister for Immigration & Multicultural Affairs (1997) 74 FCR 334 referred to Tabet v Minister for Immigration & Multicultural Affairs (1997) 77 FCR 446 referred to Shrestha v Minister for Immigration & Multicultural Affairs [1997] FCA 1051(Sackville J October 1997) referred to Tjandra v Minister for Immigration & Multicultural Affairs (1998) 50 ALD 454 referred to Dharminder Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 506 referred to Fernando v Minister for Immigration & Multicultural Affairs [1999] FCA 1375 referred to Naheem v Minister for Immigration & Multicultural Affairs [1999] FCA 1360 referred to Guo Heng Li v Minister for Immigration and Multicultural Affairs [1999] FCA 1147 applied Alkaab v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 375 applied R v Secretary of State for the Home Department, ex parte Yeboah [1987] 3 All ER 999 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Radojicic (High Court of Australia, 21 January 2000, unreported) referred to Minister for Primary Industries & Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 applied Hunter Douglas Australia Pty Ltd v Perma Blinds (1970) 122 CLR 49 referred to MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v HARINDER PAL SINGH N 496 OF 1999 O'CONNOR, TAMBERLIN & MANSFIELD JJ 4 APRIL 2000 SYDNEY