The giving of documents to a visa holder which relate to the cancellation of their visa is more complex than it might seem.
Basically the options are by giving notice under section 494A (using one of the methods in s 494B) which then enliven the deeming provisions in s 494C. The other alternative is rely on regulation 2.55(3)(c) and the deeming in reg 2.55(7).
There are some subtleties in the requirements of those sections including the difference between an address “known to” and one “provided to” the Minister.
The argument that regulation 2.55 was inconsistent with 494A (and therefore invalid) failed in Minister v EVE21 [2023] FCAFC 91. However, Perram J did accept that in some circumstances (just not the current one) there would be inconsistency. There have been other cases where this inconsistency and invalidity have been argued with mixed success.
The other interesting argument in the case were about whether a prison’s PO Box is the PO Box of the prisoner? It is. There was also a brief discussion about whether a prison can be a residential address. Some of the UK cases suggest that there is an element of “voluntary” in determining someone’s residential address.
It’s always a good idea with these cases to check if the service provisions have been complied with.
Creative commons acknowledgment for the photograph.
