FPT17 v Minister for Home Affairs and Anor (No.2)

This matter came before Judge Manousaridis in the Federal Circuit Court of Australia concerning the applicant's challenge to the delegate's refusal to grant a Temporary Protection Visa (TPV). The delegate's decision was made on 7 June 2016, and a letter communicating this decision, along with the decision record itself, was sent to an address in Auburn, New South Wales. The Minister relied on an affidavit to establish that these documents were despatched by prepaid post on 8 June 2016 to the Auburn Address. This address differed from the Queensland addresses previously provided by the applicant in their visa application and an addendum.

The central legal issue before the court was whether the delegate's decision and accompanying letter were properly served on the applicant. This involved determining the correct address for service and whether the posting of the documents to the Auburn Address constituted valid service, given the applicant had provided different addresses in their earlier documentation. The court also considered evidence that might explain why the Department used the Auburn Address for communication.

The court found, on the basis of an affidavit, that the delegate's letter and decision were despatched by prepaid post to the Auburn Address on 8 June 2016. The court accepted evidence that the applicant had previously provided the Auburn Address in a letter sent to the Department on 6 August 2015, which was enclosed with a passport photo and a certified copy of their driver's licence. This letter was sent by registered post, and the accompanying documentation listed the applicant's name as the sender and the Auburn Address as the address. The court also considered evidence regarding the Status Resolution Support Services (SRSS) Programme, which provides support to individuals resolving their immigration status, and the process for updating addresses through SRSS Providers via the Department's CCMD Portal, though it was noted that nothing turned on a post office box address provided by the applicant.