Sandhu v Minister for Immigration

This matter concerned an application for review of a decision made by a delegate of the Minister for Immigration. The applicant, Mr. Sandhu, sought to challenge a decision that was classified as a "Part 5-reviewable decision" under the *Migration Act 1958* (Cth). The core of the dispute revolved around whether Mr. Sandhu had lodged his application for review with the Tribunal within the time prescribed by the Act and its associated Regulations. The decision was made by Judge Jarrett in the Federal Circuit Court of Australia.

The legal issues before the Court were primarily concerned with the interpretation and application of section 347(1) of the *Migration Act* and Regulation 4.10 of the *Migration Regulations*. Specifically, the Court had to determine the correct time period within which an application for review of the delegate's decision should have been lodged with the Tribunal, and whether the applicant had complied with this requirement. This involved considering when the applicant was deemed to have been notified of the delegate's decision, as this date triggered the commencement of the prescribed review period.

Judge Jarrett reasoned that the delegate's decision fell under subsection 338(2) of the *Migration Act*, which, pursuant to section 347(1)(b)(i) of the Act and Regulation 4.10(a) of the Regulations, mandated that the application for review be lodged within 21 days of the applicant receiving notice of the decision. The Tribunal had found that the applicant was notified of the decision by email on 29 March 2017. Applying section 494C of the Act, which deems notification to have occurred on the date of dispatch by email, the Court found this finding to be plainly correct. Consequently, the prescribed period for lodging the review application expired on 19 April 2017, a finding also considered plainly correct by the Court.