In order to avoid situations where applicants, sponsors or visa holders can claim they have never in fact received a document from the Department, the Migration Act 1958 (Cth) contains provisions that deem receipt of that document. The time when the person is deemed to have received a document will depend on whether the document was given by hand, by handing it to a person at the recipient's last residential or business address, dispatched by post or email.
The time a person is deemed to have received a document is crucial for clients. For instance, it will determine the deadline for making a valid merits review application of the refusal or cancellation of a visa.
The provision in the Migration Act 1958 (Cth) that governs the date a person is deemed to have received a document from the Department is as follows:
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