Nayak v Minister for Immigration & Border Protection [2015] FCA 1270

FEDERAL COURT OF AUSTRALIA

Nayak v Minister for Immigration & Border Protection [2015] FCA 1270 Citation: Nayak v Minister for Immigration & Border Protection [2015] FCA 1270

Appeal from: Nayak v Minister for Immigration & Border Protection [2015] FCCA 688

Parties: KRUNAL NANDKISHOR NAYAK v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 391 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 post to residential address – whether the primary judge erred in finding that the facsimile sent to the second respondent constituted a new address for service – whether the primary judge denied the appellant procedural fairness in finding that the relevant facsimile was sent by, or on behalf of, the appellant where neither party advanced the point in the court below.

Legislation: Migration Regulations 1994 (Cth) cll 572.223(2)(a)(i)(A), 5A404

Cases cited: Aneja v Minister for Immigration and Border Protection [2014] FCA 572 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Bulstrode v Trimble [1970] VR 840 Ellis v Wallsend District Hospital (1989) 17 NSWLR 553 Hardy v Gillette [1976] VR 392 Khant v Minister for Immigration and Citizenship (2009) 112 ALD 241 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 Murphy v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 135 FCR 550 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZIAI v Minister for Immigration and Citizenship (2008) 104 ALD 22 Tay v Minister for Immigration and Citizenship (2010) 183 FCR 163