Migration Law

Migration Law
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Question 1
The appellant has made an application to the federal circuit court of Australia for judicial
review of a decision by the Tribunal. The tribunal has earlier decided that it is not in its
jurisdiction to review a decision regarding cancellation of temporary business entry visa by a
delegate of the ministry1. The application was presented after the expiry of the time limit as
mentioned in the migration act. The time limit was of seven days after the applicant was
notified of the decision. The tribunal was of view that when the email was transmitted it is
deemed to have been received by the applicant under section 494C (5) of the act. The federal
court was agreed with the approach of the tribunal. Two issues were raised by amended
notice of appeal. The first was whether the email if not received will be treated under “by
transmitting the document by email” under regulation 2.55 (3)(d)(ii) . The second was
whether the tribunal has power to increase the time limit within which application may be
brought to seek review under section 29(7) and 29(8) of the administrative appeals tribunal
act.
The appellant was legally represented in the federal circuit court. The appellant gave a
detailed account of the tribunal’s decision2 in the federal circuit court. The primary judge
upheld the decision of the tribunal that such an application is time barred and asked the
applicant to proof the validity of the application for review. The appellant filed written
submission. She also attached screenshots of her email inbox. In consequence to that the
tribunal sought clarification from the minister’s department. The department in return
provided the tribunal with the screenshots of outbound emails. No delivery failure
notification was received by the minister’s department. The tribunal after considering all the
facts decided that the appellant’s application was time barred. The tribunal did not give any
1 Callie Harvey, Foundations Of Australian Law (Tilde Univ Pr, 5th ed, 2017).
2 John J Kirton and Jelena Madunic, Global Law (Ashgate, 6th ed, 2009).
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