Recent Cases

Russell v Minister for Home Affairs [2019] FCAFC 110 (25 June 2019) (Nicholas, Bromwich and Burley JJ)


MIGRATION – appeal from the Federal Court of Australia – where the primary judge dismissed an application for judicial review of a “no jurisdiction” decision of the Administrative Appeals Tribunal – whether the primary judge erred in finding the appellant failed to lodge her application for a merits review to the Tribunal in accordance with s 500(6B) Migration Act 1958 (Cth) – whether, pursuant to s 14A Electronic Transactions Act 1999 (Cth), an electronic communication is “capable of being retrieved” by the Tribunal “at an electronic address designated” by the Tribunal once it enters the Tribunal’s information system – appeal dismissed