Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pomare v Minister for Immigration and Citizenship [2008] FCA 458
ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – Tribunal had held it lacked jurisdiction because application to it had been made outside statutory time limit – time limit in s 500(6B) of Migration Act 1958 (Cth) of nine days after day on which person notified of decision "in accordance with subsection 501G(1)" – s 501G(1) required giving of notice stating "where the application for review can be made" – notice referred only to post office box. Held: (1) notice was required to state address of registry office where application for review could be received by Tribunal; (2) failure of notice to state where application for review could be made had effect that nine day time limit had not commenced to run; (3) Tribunal's decision set aside and matter remitted to Tribunal.
MIGRATION – appeal from decision of Administrative Appeals Tribunal – Tribunal had held it lacked jurisdiction because application to it had been made outside statutory time limit – time limit in s 500(6B) of Migration Act 1958 (Cth) of nine days after day on which person notified of decision "in accordance with subsection 501G(1)" – s 501G(1) required giving of notice stating "where the application for review can be made" – notice referred only to post office box. Held: (1) notice was required to state address of registry office where application for review could be received by Tribunal; (2) failure of notice to state where application for review could be made had effect that nine day time limit had not commenced to run; (3) Tribunal's decision set aside and matter remitted to Tribunal.
Migration Act 1958 (Cth) ss 500(6B), 501G(1)
Chan Ta Srey v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1292 followed Zhan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 128 FCR 469 followed CODY POMARE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ADMINISTRATIVE APPEALS TRIBUNAL
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