Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Border Protection v Kim [2014] FCA 390 Citation: Minister for Immigration & Border Protection v Kim [2014] FCA 390
Appeal from: Kim v Minister for Immigration & Anor [2013] FCCA 1433
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v JUNG EUN KIM and MIGRATION REVIEW TRIBUNAL
File number(s): NSD 2059 of 2013
Judge(s): BUCHANAN J
Date of judgment: 22 April 2014
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – cancellation of student visa (class TU) subclass 573 – communication of refusal by pre-paid post when previous communications were by email – whether communication of refusal was effective – whether Minister retains a discretion to choose any method of communication prescribed by s 498B of the Migration Act 1958 (Cth) to communicate refusal – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 66, 97, 101, 104, 104(1), 106, 106(b), 494B, 494B(4), 494B(4)(c), 494B(c)(i), 494B(c)(ii), 494B(5), 494C, 494C(5) Migration Regulations 1994 (Cth), regs 2.16(3), 573.225
Cases cited: Haque v Minister for Immigration and Citizenship [2010] FCA 346, (2010) 114 ALD 547 Kim v Minister for Immigration & Anor [2013] FCCA 1433 Maroun v Minister for Immigration and Citizenship [2009] FCA 1284, (2009) 112 ALD 424 Singh v Minister for Immigration and Citizenship (2011) 190 FCR 552
Date of hearing: 21 February 2014
Date of last submissions: 5 March 2014
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