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DIBP defective in notification of decisions says Federal Circuit Court

Update: 14/11/2013 - Christopher Levingston informs me this decision has been appealed!

The Federal Circuit Court's Judge Cameron handed down a judgement on the 24 Sept 2013 which will be of great interest to migration agents.  The case can be viewed on Austlii "Kim v Minister for Immigration & Anor [2013] FCCA 1433".  Interestingly this case is about  the finding that there was a defective notification of a migration decision against the Minister for Immigration and Border Protection and his Department.

The Federal Circuit Court found in favour of the applicant.  It found that where an applicant provides two addresses for notification in their visa application, any communication from the Department of Immigration and Border Protection (“DIBP”) must be sent to both addresses and not just one.   

From now on if the DIBP case officer or delegate does not communicate with you, the migration agent on the 956 provided by the applicant as the first or second address for notification of decisions, as officers sometimes like to do (especially offshore) then you can provide them with a copy of the link to this decision. 

 

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