Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hossam v Minister for Immigration and Border Protection [2016] FCA 1161 Appeal from: Hossam v Minister for Immigration & Anor [2016] FCCA 98
File number: NSD 364 of 2016
Judge: PERRY J
Date of judgment: 27 September 2016
Catchwords: MIGRATION – application for a Partner visa – where Tribunal issued an invitation under s 359A of the Migration Act 1958 (Cth) - where appellant appointed authorised recipient – where Tribunal communicated with authorised recipient – where authorised recipient made unsuccessful attempts to contact appellant as to s 359A invitation – whether Tribunal erred in failing to extend time, or in failing to consider extending time, within which appellant could respond to s 359A invitation – appeal dismissed. PRACTICE AND PROCEDURE – where grounds of appeal were not raised in the Court below – whether leave should be granted to raise new grounds of appeal.
Legislation: Electronic Transactions Act 1999 (Cth) s 9(2)(d) Migration Act 1958 (Cth) ss 5F, 359A, 359B, 359C, 360, 363A, 379G Migration Regulations 1994 (Cth) regs 1.15A, 4.17(4), 4.18A(4), Schedule 2, cl 820.211(2), 801.221
Cases cited: Coulton v Holcombe (1986) 162 CLR 1 Hasran v Minister for Immigration and Citizenship [2010] FCAFC 40; (2010) 183 FCR 413 Kaur v Minister for Immigration and Border Protection [2014] FCA 1251 Kaur v Minister for Immigration and Border Protection [2014] FCA 915; (2014) 236 FCR 393 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; 147 FCR 51 Suttor v Gundowda Proprietary Limited (1950) 81 CLR 418 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74; (2003) 129 FCR 168 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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