Haque v Minister for Immigration and Citizenship (No 3)

In the case of Haque v Minister for Immigration and Citizenship (No 3), the appellant, Mr. Haque, sought judicial review of a decision by the Migration Review Tribunal, which had dismissed his application for review of a decision to refuse a visa. The central issue was whether the Tribunal had jurisdiction to review the application, given that it was lodged outside the statutory time limit. The secondary issue was whether a leaflet provided by the Minister could be considered as a business record under the Evidence Act 1995 (Cth), thereby constituting an exception to the hearsay rule. The court examined the Migration Act 1958 (Cth) and its requirements for notifying applicants of their rights to review, specifically focusing on section 66(2)(d)(iv), which mandates that applicants must be informed of where to lodge their review applications. The court noted that the Decision Letter did not explicitly state the address for lodging the review, although it referred to an accompanying leaflet that contained this information. The court found that the leaflet, not being part of the formal notification, could not be used to fulfill the statutory requirement. Therefore, the Tribunal's decision to dismiss the application for being out of time was upheld, and the appeal was dismissed. The appellant was ordered to pay the costs of the first respondent.