Refer your Friends & Earn Money

Know More

Follow below step and earn Money


Start earning with myassignmenthelpAu now. Signup and earn upto $2000 / Month

Refer More Cancel
Call Back Call Back

24x7 Support Available

To Get the Best Price Chat With Our Experts

chat now

In A Hurry? Get A Callback

Welcome to Live Chat

Welcome to MyAssignmentHelpAU Services, World's leading Academic solutions provider with Millions of Happy Students.

Migration Law Sample

Home Migration Law Sample

Question 1

The appellant has made an application to the federal circuit court of Australia for judicial review of a decision by the Tribunal. The tribunal has earlier decided that it is not in its jurisdiction to review a decision regarding cancellation of temporary business entry visa by a delegate of the ministry[1]. The application was presented after the expiry of the time limit as mentioned in the migration act. The time limit was of seven days after the applicant was notified of the decision. The tribunal was of view that when the email was transmitted it is deemed to have been received by the applicant under section 494C (5) of the act. The federal court was agreed with the approach of the tribunal. Two issues were raised by amended notice of appeal. The first was whether the email if not received will be treated under “by transmitting the document by email” under regulation 2.55 (3)(d)(ii) . The second was whether the tribunal has power to increase the time limit within which application may be brought to seek review under section 29(7) and 29(8) of the administrative appeals tribunal act.

The appellant was legally represented in the federal circuit court. The appellant gave a detailed account of the tribunal’s decision[2] in the federal circuit court. The primary judge upheld the decision of the tribunal that such an application is time barred and asked the applicant to proof the validity of the application for review. The appellant filed written submission. She also attached screenshots of her email inbox. In consequence to that the tribunal sought clarification from the minister’s department. The department in return provided the tribunal with the screenshots of outbound emails. No delivery failure notification was received by the minister’s department. The tribunal after considering all the facts decided that the appellant’s application was time barred. The tribunal did not give any clarification regarding what is meant by receipt of the email. The tribunal decided the matter based on deeming provisions. The tribunal held that the word transmitting means sending. The primary judge further held that transmitting means both “send and received”. The primary judge has taken reference from the case of “Sainju and Singh” in deciding this particular case[3].

The amended grounds are clear and concise. The tribunal has made jurisdictional error by stating transmission only sending under section 2.55(8) of the regulation and section 494C (5) of the act. When transmission means both “send and received”. The tribunal has made jurisdictional error by failing to recognise its power to extent the time for the appellant to apply for review under section 29(7) and 29(8) if the act. Section 127 of the act and regulation 2.45 of the act states that, the minister must notify a visa holder in writing[4]. But in this above mentioned case the delegate of the minister has mailed it to the appellant and no written notification was send to him. regulation 2.55 states that the document regarding cancellation of visa can be given to the visa holder or any person known to him. The document is to be delivered in the last know residential or business address of the visa holder. The document is to be delivered by pre paid post or any other pre paid means. The document can also be transmitted by fax, email or by other electronic means to the last fax number, email address or any other electronic address last known to the minister.

If the minister purports to send the document to the visa holder but due to some error on minister’s part the document or any copy of the document is not received by the visa holder. Then the document is deemed to have been received by the visa holder on the specified date as mentioned in the act or in a later date if the visa holder can proof that the document has reached on that later date. Under the common wealth if a person is required to give information in writing, the person can give information by electronic communication. If the person is not a common wealth entity or anyone acting on behalf of common wealth entity has to give consent in order to receive such information by means of electronic communication. The term electronic communication means a communication in the form of text, data or image[5].


Harvey, Callie, Foundations Of Australian Law (Tilde Univ Pr, 5th ed, 2017)

Kirton, John J and Jelena Madunic, Global Law (Ashgate, 6th ed, 2009)

Kritzman-Amir, Tally, "International Migration Law In The Current Legal And Political Reality: Review Of Research Handbook On International Law And Migration" (2016) 49(01) Israel Law Review

Pietsch, Juliet and Marshall Alexander Clark, Migration And Integration In Europe, Southeast Asia, And Australia (Amsterdam University Press, 3rd ed, 2015)

Vrachnas, John, Migration And Refugee Law (Cambridge University Press, 4th ed, 2012)

[1]  Callie Harvey, Foundations Of Australian Law (Tilde Univ Pr, 5th ed, 2017).

[2]  John J Kirton and Jelena Madunic, Global Law (Ashgate, 6th ed, 2009).

[3]  Tally Kritzman-Amir, "International Migration Law In The Current Legal And Political Reality: Review Of Research Handbook On International Law And Migration" (2016) 49(01) Israel Law Review.

[4]   Juliet Pietsch and Marshall Alexander Clark, Migration And Integration In Europe, Southeast Asia, And Australia (Amsterdam University Press, 3rd ed, 2015).

[5]   John Vrachnas, Migration And Refugee Law (Cambridge University Press, 4th ed, 2012).

MyAssignmenthelpAu | January 21, 2020

MyAssignmentHelpAu provides the ideal service for all your assignment and homework related tasks to be completed within the specified time. We are available round the clock to resolve your academic queries. Comprised of more than 4000 learned experts, we promise to provide well research and top-notch quality assignments. Our assignment writing services is not bound to the countries of Australia and UK rather stretches to USA, UAE , Singapore and Malaysia. We pay scrupulous attention to each assignment and provide services that include assignment help, homework help, case study help, coursework help, dissertation help and CDR Report help. Avail the best my assignment help and services at competitive price. We promise ultimate customer satisfaction.

Smile your way through this tough Semester!
Get our My Assignment Help in Australia order now

MyAssignmentHelp Testimonials

Best Assignment Help in Australia

Earlier I used to mess up with numerous academic tasks and was finding it hard to perform well in all the assignments. But when I came across MyAssignmentHelpAu, I just breathed deep as I got a best platform from where I can get best and most effective assignment help. Experts, at this platform offered the best writing help to me. Thank you MyAssignmentHelpAu

Michel, Adelaide

Best Essay Writing Service in Australia

To me, the assignments are similar to the nuts which are hard to break. To complete all the relevant assignments is just not an easy task. But team of MyassignmentHelpAu helped me with all the assignment related problems. They served finest assignment solutions for my psychology homework. All my queries have been efficiently solved by them.

Jenny, Melbourne

Top Notch Assignment Service

I was confused with the various assignment help websites. It was hard for me to select the one which could provide me better service on my assignment solutions. Then, as per my friend’s suggestion, I tried MyAssignmentHelpAu to avail my humanities assignment. And I am glad to share my experience as they provided me the optimum content at very pocket friendly rates.

John, Adelaide

Best Assignment Help Provider in Australia

Myassignmenthelpau helps me to complete my assignment within three hours. It is one of the top assignment help provider on which everyone can trust blindly. Myassignmenthelpau has a team of well-versed experts that are able to provide quality assignments all over Australia. I am impressed with their services and will contact them again in the future.

Molly Bella, Sydney

Provide Top Quality Assignment Services

I was scared when I was unable to complete my computer science assignment within the deadline. My friend informed me about the Myassignmenthelpau and I avail their services. I am very thankful to them for making my assignment. My professor was so impressed by my assignment and gave me good grades.

Jayden, Melbourne

Pre-eminent Java Assignment Help from Java Wizards

I was quite stuck with one of my complex Java assignments and looked for help at several websites but, no one could understand the requirements well and could not complete this task. However, Myassignmenthelpau did not only agree to take it but delivered it with excellent quality, which bagged me an HD in the course.

Grace, Perth

Matchless Nursing Assignment Help

I must say that Myassignmenthelpau is the only nursing assignment help portal that you can fall back upon. I had totally forgotten about this intricate assignment that I had to submit next morning. They were my only rescuers. I god a wonderfully written paper in just a matter of few hours. Outstanding services! Excellent Writers!

Julia, Brisbane

Nonpareil Portal to Buy Assignment Online

So many of us out there look for buying assignment online, nevertheless, we struggle to find a genuine service provider. My search for an authentic par excellence assignment writer company ended when I found Myassignmenthelpau. You name the subject, and they can help you with its assignments and what’s more an HD score is guaranteed.

Stella, Gold Coast

Other Students are using My Assignment Help, Are you the only one left Behind?

order now