Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1034

Federal Court of Australia

Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1034 Review of: Nguyen and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 448

File number: WAD 70 of 2022

Judgment of: COLVIN J

Date of judgment: 5 September 2022

Catchwords: MIGRATION - application to review decision of the Administrative Appeals Tribunal that it did not have jurisdiction to entertain a review application on the basis that it was lodged out of time - where the applicant had appointed a migration agent using Form 956 - where Minister notified refusal decision to email address of migration agent specified in form - whether completion and delivery of the form required the Minister to notify the migration agent and not the applicant by reason of s 494D of the Migration Act 1958 (Cth) - whether, in the alternative, Minister effected notification of the refusal decision in accordance with reg 2.55(3)(d) of the Migration Regulations 1994 (Cth) - application allowed

Legislation: Migration Act 1958 (Cth) ss 494C, 494D, 500, 501, 501CA, 501G Migration Regulations 1994 (Cth) reg 2.55

Cases cited: MZZDJ v Minister for Immigration and Border Protection [2013] FCAFC 156; (2013) 216 FCR 153 Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32; (2011) 244 CLR 144 Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52; (2016) 260 CLR 340 Tsvetnenko v United States of America [2019] FCAFC 74; (2019) 269 FCR 225