Federal Court (Full Court). Section s 501CA(4)(a) provides that the Minister may revoke the mandatory cancellation of a visa if "the person makes representations in accordance with the invitation". Reg 2.52(2)(b) provides that representations must be "made ... within 28 days after the person is given the notice" of cancellation. Here, the notice said that representations must be "received within 28 days". Do the terms "in accordance with the invitation" allow the notice to determine what the legislation means? Do the terms "makes" and "made" mean "receives" and "received"?
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: Do the terms "in accordance with the invitation" under s 501CA(4)(a) of the Migration Act 1958 (Cth) allow the notice to determine what the legislation means?
Question 2: Do the terms "makes" and "made" under s 501CA(4)(a) and Reg 2.52(2)(b) of the Migration Regulations 1994 (Cth) mean "receives" and "received"?
The FCAFC answered those questions as follows: