Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 580

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 580 MIGRATION – refusal of protection visa – application for review to Refugee Review Tribunal – whether application for review out of time – when appellant "notified" of decision of delegate of Minister – notice of decision sent by registered mail to appellant's address – whether reg 5.03 deems notification to have been given where notice sent by registered mail – whether Tribunal erred in determining that it did not have jurisdiction to grant a protection visa because the application was out of time. MIGRATION – validity of reg 5.03 of Migration Regulations. Acts Interpretation Act 1901 (Cth) s 29 Migration Act 1958 (Cth) ss 36, 53, 66, 66(1), 412, 412(1)(b), 414, 420, 504(1)(e) Migration Regulations reg 4.31 and reg 5.03 Shrestha v Minister for Immigration and Multicultural Affairs (Sackville J, 13 October 1997, unreported) referred to Dawai v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 379 referred to Santos v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 334 referred to Tabet v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 446 referred to Harinder Pal Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 613 applied

DHARMINDER SINGH v MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS N 982 OF 1999

O'CONNOR, TAMBERLIN & MANSFIELD JJ 12 MAY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 982 OF 1999

ON APPEAL FROM A SINGLE JUDGE

OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: DHARMINDER SINGH

APPELLANT

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: O'CONNOR, TAMBERLIN & MANSFIELD JJ

DATE OF ORDER: 12 MAY 2000