Khabra v Minister for Immigration and Border Protection [2015] FCA 1405

FEDERAL COURT OF AUSTRALIA

Khabra v Minister for Immigration and Border Protection [2015] FCA 1405 Citation: Khabra v Minister for Immigration and Border Protection [2015] FCA 1405

Appeal from: Khabra v Minister for Immigration & Anor [2015] FCCA 2484

Parties: JASPREET SINGH KHABRA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 508 of 2015

Judge: MURPHY J

Date of judgment: 11 December 2015

Catchwords: MIGRATION – application for leave to appeal – applicant alleges that he was not informed by his migration agent of a decision refusing to grant a visa - applicant lodged application for review out of time –deeming provisions for receipt of a document sent to authorised email address under Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth) – applicant deemed to have received email at the end of the day on which it was sent to his migration agent- Migration Review Tribunal had no jurisdiction to determine an application for review made out of time or to extend the time for lodgement - application for leave to appeal refused

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994

Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 Islam v Minister for Immigration and Citizenship [2012] FCA 304 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation (2010) 81 ATR 36 Niemann v Electronic Industries Ltd [1978] VR 431 Sainju v Minister for Immigration and Citizenship [2010] FCA 461; (2010) 185 FCR 86