Murphy v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 657

FEDERAL COURT OF AUSTRALIA

Murphy v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 657 MIGRATION - PRACTICE AND PROCEDURE – Business Skills (Residence) (Class BH) visa, subclass 840 (Business Owner) – appeal from a refusal of the Migration Review Tribunal to grant visa – whether notification of Minister's decision to refuse visa application is effective where written notification is sent by prepaid post to an address the Minister knows will result in the notification being returned undelivered, and which was so returned – the effect of subss 494B(4) and 494C(4) of the Migration Act 1958 (Cth) – whether subs 494C(4) of the Migration Act 1958 (Cth) evidences a contrary intention to the second limb of s 29 of the Acts Interpretation Act 1901 (Cth) Acts Interpretation Act 1901 (Cth) s 29(1) Migration Act 1958 (Cth) ss 441C, 475A, 494B, 494C, subss 474(1), 66(1), 338(2) 347(1), Judiciary Act 1903 (Cth) s 39B Summary Jurisdiction (Appeals) Act 1933 (U.K.) subs 3(1) Interpretation Act 1889 (U.K.) s 26 Companies Act 1948 (U.K.) subs 437(1) Hire Purchase Act 1959 (Qld) subs 42(1)(c) Acts Interpretation Acts 1956 to 1962 (Qld) Migration Regulations 1.11A, 2.16(3), 4.10(1), Schedule 1, Part 1, Clause 1104A, Schedule 2, Clauses 840.212, 840.213 Companies and Securities (Interpretation and Miscellaneous Provisions) (Qld) Code s 15

Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 cited Lee v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 305 referred to R v County of London Quarter Sessions Appeals Committee; Ex parte Rossi [1956] 1 QB 682 considered Saga of Bond Street Ltd v Avalon Promotions Ltd [1972] 2 QB 325 considered Fancourt v Mercantile Credits Limited (1983) 154 CLR 87 considered Re Otway Coal Co Ltd. [1953] VLR 557 considered A/S Cathrineholm v Norequipment Trading Ltd [1972] 2 QB 314 considered Thomas Bishop Ltd. v Helmville Ltd [1972] 1 QB 464 referred to Re Rustic Homes Pty Ltd (1988) 13 ACLR 105 referred to Re Gasbourne Pty Ltd [1984] VR 801 referred to Re Ocean Distributors Pty Ltd (1990) 2 ACSR 486 referred to Deputy Commissioner of Taxation v Coco (2003) 52 ATR 700 referred to Repatriation Commission v Gordon (1990) 100 ALR 255 referred to NADK of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 184 considered VNAA v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 134 considered PATRICK MICHAEL MURPHY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No Q 4 of 2004 SPENDER J BRISBANE 25 MAY 2004