FVKL and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal considered the case of FVKL and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the proper notification of a non-revocation decision made under migration law, specifically whether the applicant had been validly notified of the decision while serving a period of criminal custody.

The primary legal issue before the Tribunal was whether the power to notify a decision under section 501G of the Migration Act 1958 (Cth) and regulation 2.55 of the Migration Regulations 1994 (Cth) could be delegated to a "Case Management Coordinator," and if not, whether any error in notification could be cured by the deeming provision in regulation 2.55(9). The applicant argued that the notification package was not handed to them by a person authorised to do so under the relevant provisions.

The Tribunal examined the Minister's Instrument of Delegation 2019, which specified the APS classification levels authorised to exercise powers under the Act and Regulations. It found that while certain APS levels were delegated the power to "give the person a written notice" under section 501G, and other levels were delegated the power to "hand [a document] to the person personally" under regulation 2.55, the "Case Management Coordinator" at Mount Gambier Prison did not hold an APS classification level or belong to the specified groups that would permit such delegation. Consequently, the Tribunal concluded that the power under section 501G and regulation 2.55 was not capable of being delegated to the Case Management Coordinator and could only be exercised by the Minister or a person validly delegated under the Instrument. The application was dismissed.