Pomare v Minister for Immigration and Citizenship

In the case of Pomare v Minister for Immigration and Citizenship, the applicant, Mr Pomare, a New Zealand citizen who had been in Australia on a visa, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) that dismissed his application for review of the cancellation of his visa. The Minister for Immigration and Citizenship, the first respondent, conceded that if the notice given to Mr Pomare was not in accordance with the statutory requirements, the nine-day time limit for lodging an application for review did not begin to run. The primary issue before the court was whether the notice given to Mr Pomare complied with the statutory requirements under section 501G(1) of the Migration Act 1958.

The court found that the notice delivered to Mr Pomare did not comply with the statutory requirement that it state where an application for review could be made. The notice included a statement that an application for review could be made to the AAT, but it did not specify the location where such an application could be made. The court emphasised that merely stating that an application for review could be made to the AAT did not satisfy the requirement to state "where" the application could be made. As a result, the court held that the nine-day time limit for lodging an application for review did not begin to run from the date of the notice.

Consequently, the court set aside the decision of the AAT and remitted the matter to the AAT for hearing and determination in accordance with law. The court also ordered that the Minister pay Mr Pomare's costs.