Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Butt v Minister for Immigration and Border Protection [2014] FCA 1354 Citation: Butt v Minister for Immigration and Border Protection [2014] FCA 1354
Appeal from: Butt v Minister for Immigration & Anor [2014] FCCA 926
Parties: TOUQEER ARIF BUTT v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: VID 254 of 2014
Judge: MORTIMER J
Date of judgment: 12 December 2014
Catchwords: MIGRATION – Appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Migration Review Tribunal that it did not have jurisdiction to hear the applicant's review application – whether ss 494A-494C of the Migration Act 1958 (Cth) or s 127 read with reg 2.55 of the Migration Regulations 1994 (Cth) apply – effective time period for review where two valid methods of notification employed – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 13, 14, 48, 116, 119, 127, 189, 198, 347, 359A, 494A, 494B, 494C Migration Amendment (Notification Review) Act 2008 (Cth) Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 (Cth) Federal Court Rules 2011 (Cth) rr 4.12, 4.19 Migration Amendment Regulations 2001 (No 6) (Cth) Migration Regulations 1994 (Cth) regs 2.12, 2.55, 4.10
Cases cited: Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Butt v Minister for Immigration and Border Protection [2014] FCCA 926 H v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 153; [2002] FCAFC 18 Minister for Immigration and Citizenship v Manaf (2009) 111 ALD 437; [2009] FCA 963 Nguyen v Minister for Immigration and Citizenship [2009] FMCA 933 Singh v Minister for Immigration and Citizenship (2011) 190 FCR 552; [2011] FCAFC 27 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 VBAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 965 Zhang v Minister for Immigration and Citizenship (2007) 161 FCR 419; [2007] FCAFC 151
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