Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sainju v Minister for Immigration and Citizenship [2010] FCA 461 Citation: Sainju v Minister for Immigration and Citizenship [2010] FCA 461
Appeal from: Sainju v Minister for Immigration & Anor [2009] FMCA 1206
Parties: JEENU SAINJU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number(s): NSD 17 of 2010
Judge: JACOBSON J
Date of judgment: 13 May 2010
Catchwords: MIGRATION – automatic cancellation of visa by operation of law – appellant sought revocation of cancellation of visa – appellant alleged email from delegate attaching decision not to revoke visa never received – Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth) deeming provisions for receipt of a document considered – evidence in Court below to establish email to appellant sent – appellant deemed to have received the email at the end of the day on which it was sent – deeming provisions for receipt of documents achieve administrative certainty
Legislation: Migration Act 1958 (Cth) ss 137J, 137K, 137L, 137M, 338, 347, 494A, 494B, 494C Migration Regulations 1994 (Cth) regs 2.55, 4.10 Electronic Transactions Act 1999 (Cth) ss 3, 5, 14 Education Services for Overseas Students Act 2000 (Cth) s 20 Electronic Transactions Act 2000 (NSW) s 13 Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 (Cth)
Cases cited: CIC Insurance Ltd v Bankstown Football Club Ltd (1987) 187 CLR 384 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Xie v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 172 referred to Minister for Immigration and Citizenship v Abdul Manaf [2009] FCA 963 referred to Tay v Minister for Immigration and Citizenship [2010] FCAFC 23 referred to Joshi v Minister for Immigration and Multicultural Affairs (2001) 116 FCR 87 referred to Reed Constructions Pty Ltd v Eire Contractors Pty Ltd [2009] NSWSC 678 discussed
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