Sandor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 434

Federal Court of Australia

Sandor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 434 Appeal from: Sandor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 281

File number: NSD 337 of 2022

Judgment of: MARKOVIC J

Date of judgment: 9 May 2023

Catchwords: MIGRATION – appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) dismissing application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal determined it did not have jurisdiction to hear an application because it was made out of time – where the letter notifying of refusal of visa by Minister (Notification Letter) sent by email to appellant's authorised recipient – where the appellant was deemed to have received the Notification Letter on the date it was sent to the authorised recipient – whether the Notification Letter "stated" the time in which the application for review may be made – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 66(2), 338(2), 347(1)(b), 494C(5), 494D(2), 501CA(3) Migration Regulations 1994 (Cth) reg 4.10, Sch 2, cl 500.312

Cases cited: BMY18 v Minister for Home Affairs (2019) 271 FCR 517 CAV18 v Minister for Home Affairs [2020] FCA 173 DFQ17 v Minister for Immigration and Border Protection (2019) 270 FCR 492 Minister for Immigration and Border Protection v EFX17 (2021) 271 CLR 112 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Parata (2021) 284 FCR 62 Minister for Immigration and Citizenship v SZKPO (2008) 166 FCR 84 Singh v Minister for Immigration and Border Protection [2020] FCAFC 31