Joshi v Minister for Immigration & Multicultural Affairs [2001] FCA 1765

FEDERAL COURT OF AUSTRALIA

Joshi v Minister for Immigration & Multicultural Affairs [2001] FCA 1765 MIGRATION – deeming provision – application for review filed more than 10 days after notification of decision of delegate of respondent – whether delegate made error of law in relying on r 5.03 of Migration Regulations – whether r 5.03 invalid PRACTICE & PROCEDURE – service of documents – whether documents sent by registered post sent to an "address" for purposes of s 53 of the Migration Act 1958

Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) ss s 347, 504 Acts Interpretation Act 1901 s28A Migration Regulations 1994 rr 4.10, 5.03 Minister of Immigration & Multicultural Affairs v Singh (2000) 98 FCR 77 considered Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 cited Al Adwan v Minister for Immigration & Multicultural Affairs [2001] FCA 706 considered NABIN JOSHI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1336 OF 2001 RUTH NUMA SUBBA N1337 of 2001 EMMETT J 13 DECEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 1336 OF 2001 BETWEEN: NABIN JOSHI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

N 1337 OF 2001 BETWEEN: RUTH NUMA SUBBA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 13 DECEMBER 2001

WHERE MADE: SYDNEY

1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.