Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pathania v Minister for Immigration & Border Protection [2015] FCA 1262 Citation: Pathania v Minister for Immigration & Border Protection [2015] FCA 1262
Appeal from: Pathania v Minister for Immigration & Anor [2015] FCCA 932
Parties: SAHIL PATHANIA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: NSD 516 of 2015
Judge: GILMOUR J
Date of judgment: 19 November 2015
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – application for a student (temporary) visa – communication of refusal by pre-paid post to cited residential address when previous communications had been by email – whether s 494B of the Migration Act 1958 (Cth) gives the Minister a discretion as to the method to be used in notifying a person of a decision – whether the requirements of natural justice or procedural fairness apply to s 494B.
Legislation: Migration Act 1958 (Cth) ss 5(23), 52, 66, 347(1)(b)(i), 494B, 494C, 494D Migration Regulations 1994 (Cth) regs 2.16 and 4.10
Cases cited: Annetts v McCann (1990) 170 CLR 596 Attorney-General for the State of South Australia v Adelaide City Corporation (2013) 249 CLR 1 Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 Haque v Minister for Immigration and Citizenship (2010) 221 FCR 289 Maroun v Minister for Immigration and Citizenship (2009) 112 ALD 424 Minister for Immigration and Border Protection v Kim (2014) 220 FCR 494 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Radzi v Minister for Immigration and Border Protection (2014) 143 ALD 124 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1 Sainju v Minister for Immigration and Citizenship (2010) 185 FCR 86 Wotton v State of Queensland (2012) 246 CLR 1 WZARB v Minister for Immigration and Citizenship (2013) 136 ALD 77
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