Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 451

Federal Court of Australia

Kassem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 451 Appeal from: Kassem v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 4043

File number: NSD 1072 of 2022

Judgment of: BROMWICH J

Date of judgment: 11 May 2023

Catchwords: MIGRATION – where the mandatory cancellation of the applicant's visa was not revoked by a delegate of the Minister – where the Administrative Appeals Tribunal found that the applicant filed his merits review application out of time – whether notifying the applicant of a non-revocation decision by way of an email to his then solicitor constituted giving notice – held: the required notice was given; originating application dismissed with costs.

Legislation: Evidence Act 1995 (Cth) ss 160, 161 Migration Act 1958 (Cth) ss 5(1), 359(3)(b), 359A(2)(b), 360A(2)(b), 424(3)(b), 425A(2)(b), 430, 494A(1), 494A(1)(b), 494A(1)(b)(ii), 494B, 494B(5)(b), 494B(5)(d), 494C, 494C(1), 494C(5), 494D, 494D(1), 500(6B), 501CA, 501G(1), 501G(ba), 501G(c), 501G(d), 501G(3) Migration Regulations 1994 (Cth) regs 2.55(1)(b)(ii), 2.55(2)(b), 5.02, 5.03

Cases cited: H v Minister for Immigration and Multicultural Affairs [2002] FCA 126; FCAFC 18 118 FCR 153 Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 581 Minister for Immigration and Border Protection v EFX17 [2021] HCA 9; 271 CLR 112 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174; 288 FCR 180 Sook Rye Son v Minister for Immigration and Multicultural Affairs [1999] FCA 7, 86 FCR 584 WACB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 50; 210 ALR 190