Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVRO v Minister for Immigration and Border Protection [2017] FCA 421 Appeal from: SZVRO v Minister for Immigration & Anor [2016] FCCA 1516
File number: NSD 1698 of 2016
Judge: BEACH J
Date of judgment: 26 April 2017
Catchwords: MIGRATION – Protection (Class XA) visa – refusal of visa application by delegate of the Minister – application for review of delegate's decision purportedly filed out of time – Tribunal found it lacked jurisdiction – dismissal of application for judicial review of Tribunal decision by Federal Circuit Court – whether the appellant had been notified of the delegate's decision – when the appellant was taken to have been notified of the delegate's decision under s 494C(7) of the Migration Act 1958 (Cth) – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 66, 412, 494B, 494C Migration Regulations 1994 (Cth) regs 2.16, 4.31
Cases cited: Maroun v Minister for Immigration and Citizenship (2009) 112 ALD 424
Date of hearing: 1 March 2017
Date of last submissions: 7 April 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 72
Counsel for the Appellant: Mr SEJ Prince with Mr PW Bodisco (Pro bono)
Counsel for the First Respondent: Ms R Graycar
Solicitor for the First Respondent: Minter Ellison
Counsel for the Second Respondent: The Second Respondent filed a submitting notice.
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