Bui v Minister for Immigration and Border Protection [2017] FCA 714

FEDERAL COURT OF AUSTRALIA

Bui v Minister for Immigration and Border Protection [2017] FCA 714 Appeal from: Bui v Minister for Immigration & Anor [2016] FCCA 3347

File number: QUD 5 of 2017

Judge: REEVES J

Date of judgment: 23 June 2017

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – whether appellant lodged application for review to Tribunal within time limit set by s 347(1)(b) of the Migration Act 1958 (Cth) – where appellant notified of the delegate's decision by notice sent to authorised recipient's email address – where filing of application with the Tribunal within the time limit a prerequisite for the Tribunal's jurisdiction – whether correspondence giving notice of change of authorised recipient's email address was dispatched under s 14 of the Electronics Transaction Act 1999 (Cth) or received under s 52(3) of the Migration Act 1958 (Cth) – where the appellant failed to produce evidence that the correspondence had been dispatched or received Held: appeal dismissed

Legislation: Electronic Transactions Act 1999 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Bui v Minister for Immigration & Anor [2015] FCCA 1931 Bui v Minister for Immigration & Anor [2016] FCCA 3347 Corporation of the City of Enfield v Development Assessment Commission 2000 (2000) 199 CLR 135; [2000] HCA 5 Fernando v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 407; [2000] FCA 324 Minister for Immigration & Multicultural Affairs v Singh (2000) 98 FCR 77; [2000] FCA 377 VEAN of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 570; [2003] FCAFC 311 Xie v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 172