ALN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1592

Federal Court of Australia

ALN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1592 Appeal from: ALN19 v Minister for Immigration & Anor [2019] FCCA 3726

File number: NSD 104 of 2020

Judgment of: GLEESON J

Date of judgment: 5 November 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether Minister's notification of refusal of protection visa application complied with requirements in s 66(2)(d) of the Migration Act 1958 (Cth) – where notification was delivered by hand – where appellant in immigration detention – time for review application not stated in notification – appeal allowed

Legislation: Acts Interpretation Act 1901 (Cth) s 36 Legislation Act 2003 (Cth) s 13 Migration Act 1958 (Cth) ss 66(2)(d), 494B, 494C, 501 Migration Regulations 1994 (Cth) reg 4.31

Cases cited: Ali v Minister for Home Affairs [2019] FCA 1102 BMY18 v Minister for Home Affairs [2019] FCAFC 189; (2019) 271 FCR 517 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424 Broome v Cassell & Co [1972] AC 1027 CAV18 v Minister for Home Affairs [2020] FCA 173 CGJ16 v Minister for Immigration and Border Protection [2018] FCA 1437 DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64; (2019) 270 FCR 492 Hope v Bathurst City Council (1980) 144 CLR 1 R v Frawley [2005] NSWCCA 66; (2005) 152 A Crim R 336 Singh Minister for Immigration and Border Protection [2019] FCCA 2106 Singh v Minister for Home Affairs [2019] FCCA 2153 Singh v Minister for Immigration and Border Protection [2020] FCAFC 31 SZGME v Minister for Immigration and Citizenship [2008] FCAFC 91; (2008) 168 FCR 487 SZNPT v Minister for Immigration and Citizenship [2009] FCA 1408 Vetter v Lake Macquarie City Council [2001] HCA 12; (2001) 202 CLR 439