Federal Court. Is an address given on an incoming passenger card given for the purpose of s 52(3A) of the Migration Act 1958 (Cth)? Was it open to the Minister to treat an address given for the purpose of s 52(3A) as the "person's last residential address ... known to the Minister" within the meaning of r 2.55(3)(c) of the Migration Regulations 1994 (Cth)?
Regulation 2.55 of the Migration Regulations 1994 (Cth) provided:
(1) This regulation applies to:
(a) the giving of a document to a holder or former holder of a visa relating to the proposed cancellation or the cancellation of a visa under the Act; …
…
(3) … for a document mentioned in paragraph (1)(a) … the Minister must give the document in one of the following ways:
…
(c) by dating it, and then dispatching it:
(i) within 3 working days (in the place of dispatch) of the date of the document; and
(ii) by prepaid post or by other prepaid means;
to the person's last residential address, business address or post box address known to the Minister;
…
Sections 52(3A) and 52(3B) of the Migration Act 1958 (Cth) provided:
(3A) A visa applicant must tell the Minister the address at which the applicant intends to live while the application is being dealt with.
(3B) If the applicant proposes to change the address at which he or she intends to live for a period of 14 days or more, the applicant must tell the Minister the address and the period of proposed residence.
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Is an address given on an incoming passenger card given for the purpose of s 52(3A) of the Act?
Question 2: Was it open to the Minister to treat an address given for the purpose of s 52(3A) as the "person's last residential address ... known to the Minister" within the meaning of r 2.55(3)(c)?
The FCA answered those questions as follows:
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