Singh v Minister for Immigration and Border Protection [2015] FCA 220

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2015] FCA 220 Citation: Singh v Minister for Immigration and Border Protection [2015] FCA 220

Appeal from: Singh v Minister for Immigration and Border Protection [2013] FCCA 2343

Parties: HARWINDER SINGH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: SAD 1 of 2014

Judge: PERRY J

Date of judgment: 16 March 2015

Catchwords: MIGRATION – Practice and procedure – Where Minister seeks to uphold decision of Court below on a different ground – Where no notice of contention filed before hearing – Where appellant unrepresented, not fluent in English and relevant provisions complex – Where error by Court below not material MIGRATION – Practice and procedure – Where question on judicial review is compliance with objective precondition, compliance with rules of evidence is required - Where Minister relies on computer print-out as evidence of transmission of email and attachments under ss 71 and 161 of the Evidence Act 1995 (Cth) – Whether computer print-out of email is sufficient proof that attachments were sent – Observations on approach to proof of such matters in cases involving unrepresented litigants MIGRATION – Where objective precondition to Tribunal's jurisdiction to entertain review - Where appellant had 21 days to lodge application for review – Where time does not commence to run until Minister has complied with obligation to notify of delegate's decision - Where appellant alleges no notification was received - Whether notification of decision was "received" for the purposes of reg 4.10(1)(a) despite no actual receipt