Minister for Immigration & Citizenship v Abdul Manaf [2009] FCA 963

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Citizenship v Abdul Manaf [2009] FCA 963

MIGRATION – Visa application refused by Minister's delegate – applicant validly notified of decision by registered mail – later notification of applicant's change of address – further notification to non‑existent address invalid – whether second notification invalidates or cancels effect of first notification. ELECTION – Tribunal holds it has no jurisdiction to entertain application to review visa refusal – Federal Magistrate quashes decision and orders Minister to notify applicant of refusal of visa – Minister complies with order and then seeks an extension of time within which to appeal – whether by not seeking a stay of Magistrate's order Minister has elected so as no longer able to appeal – whether right to seek stay and right to appeal are inconsistent rights. Migration Act 1958 (Cth) ss 5(23), 66, 347(1)(b), 494B, 494C Migration Amendment (Notification Review) Act 2008 sub‑s (7) Migration Regulations 1994 (Cth) reg 2.16(3), 4.10(1)(a) Acts Interpretation Act 1901 (Cth) s 33(1) Burgess v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 58 cited Dutton v Republic of South Africa (1999) 162 ALR 625 cited H v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 153 distinguished Jess v Scott (1986) 12 FCR 187 cited Kim v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 64 cited Minister for Immigration and Multicultural Affairs v Bahwadj (2002) 209 CLR 597 distinguished Minister for Immigration and Multicultural Affairs v Watson (2005) 145 FCR 542 cited Nguyen v Minister for Immigration and Citizenship [2007] FCAFC 38 applied Sargent v ASL Developments Ltd (1974) 131 CLR 634 applied Sloane v Minister for Immigration, Local Government and Ethnic Affairs (1992) 37 FCR 626 considered SZBMF v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 485 cited SZJUA v Minister for Immigration and Cultural Affairs [2007] FCA 1184 cited VOAL v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 397 cited Xie v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 172 applied Zhang v Minister for Immigration and Citizenship (2007) 161 FCR 419 considered