Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cao v Minister for Immigration and Citizenship [2009] FCA 586
MIGRATION – appeal – application for review lodged out of time in Federal Magistrates Court – whether appellant properly notified of decision of Refugee Review Tribunal – deemed receipt taken to have occurred seven days after date of letter – requirement for letter to be sent within three days of date of letter for time to run under Migration Act 1958 (Cth) – whether delegate must state in notification letter three day requirement Migration Act 1958 (Cth) ss 66, 347, 494B, 494C, 494D Migration Regulations 1994 (Cth) regs 2.16, 4.10 Xie v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 172 ZHANG LIANG CAO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
NSD 175 of 2009
NORTH J
18 MAY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 175 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ZHANG LIANG CAO
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: NORTH J
DATE OF ORDER: 18 MAY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant pay the first respondent's costs fixed in the sum of $4,700. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 175 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ZHANG LIANG CAO
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
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