VEAN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 280

FEDERAL COURT OF AUSTRALIA

VEAN v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 280

MIGRATION – Whether application for review of delegate's decision lodged with Refugee Review Tribunal within prescribed period – application to be lodged within 28 days of notification of decision – applicant appointed authorised recipient to receive communications from respondent – delegate sent letter and attached decision to applicant care of authorised recipient – whether decision "give[n] to authorised recipient, instead of the [applicant]" – Form authorising communications to be sent to authorised recipient provides for consent to receive communications by e-mail – consent signed – whether respondent thereby precluded from using registered mail or other methods of communication pursuant to s 424B of the Migration Act 1958 (Cth)

Migration Act 1958 (Cth), ss 66, 412(1)(b), 494B, 494C, 494D Migration Regulations 2.16(2), (3)

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at 388-9 referred to Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 at 207–211 referred to

APPLICANT VEAN OF 2002, APPLICANT VEAO OF 2002, APPLICANT VEAP OF 2002 and APPLICANT VEAQ OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V414 of 2002 WEINBERG J 3 APRIL 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V414 OF 2002

BETWEEN: APPLICANT VEAN OF 2002

FIRST APPLICANT

APPLICANT VEAO OF 2002

SECOND APPLICANT

APPLICANT VEAP OF 2002

THIRD APPLICANT

APPLICANT VEAQ OF 2002

FOURTH APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT