Sino-Aus Motor Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 686

Federal Court of Australia

Sino-Aus Motor Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 686 Appeal from: Sino-Aus Motor Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 223

File number(s): ACD 98 of 2021

Judgment of: DOWNES J

Date of judgment: 14 June 2022

Catchwords: MIGRATION – application for approval of nomination of person to a position in Australia refused by delegate – applicant sought review and was invited by Administrative Appeals Tribunal to provide further information – invitation made pursuant to s 359(2) Migration Act 1958 (Cth) – invitation transmitted to email address of migration agent who was the applicant's authorised recipient within meaning of s 379G Migration Act 1958 (Cth) – invitation deemed by s 379C(5) Migration Act 1958 (Cth) to have been received by end of day on which it was transmitted – migration agent did not see the invitation although it was received by his computer server – Tribunal considered sending further request for information but decided not to do so for reasons including that applicant had opportunity to receive professional advice about implications of not responding to invitation – where Tribunal not put on notice that the email had not been seen by the migration agent – whether inference drawn by Tribunal based on evidence before it amounts to jurisdictional error – where nearly two years had passed since application lodged with Tribunal – whether unreasonable not to make inquiry as to whether invitation had been received by migration agent or to send further invitation – whether invitation sent by employee of Administrative Appeals Tribunal was validly issued under s 359(2) Migration Act 1958 (Cth) – appeal dismissed