MIGRATION REGULATIONS 1994
- REG 2.55 Giving of documents relating to proposed cancellation, cancellation or revocation of cancellation

(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; and

(b)

the giving of a document under subsection 501G (3) of the Act relating to a decision to cancel a visa under subsection 501 (1) or (2) or 501A (2) or section 501B or 501F of the Act; and

(c)

the giving of a document to a holder or former holder of a visa relating to the revocation of the cancellation of a visa under the Act.

(2)

However, this regulation does not apply in relation to:

(a)

a notice to which section 137J of the Act relates; or

(b)

a person who is in immigration detention.

Note   See regulation 5.02.

(3)

For a document mentioned in paragraph (1) (a) or (c), the Minister must give the document in one of the following ways:

(a)

by handing it to the person personally;

(b) by handing it to another person who:

(i)

is at the person's last residential or business address known to the Minister; and

(ii)

appears to live there (in the case of a residential address) or work there (in the case of a business address); and

(iii)

appears to be at least 16 years of age;

(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;

(d) by transmitting the document by:

(i)

fax; or

(ii)

e-mail; or

(iii)

other electronic means;

to the last fax number, e-mail address or other electronic address known to the Minister.

(4)

For a document mentioned in paragraph (1) (b):

(a)

if the person has held the visa for less than 1 year when the document is to be given, the Minister must give the document in one of the ways mentioned in subregulation (3); and

(b)

if the person has held the visa for at least 1 year when the document is to be given:

(i)

Immigration must try to find the person; and

(ii)

the Minister must give the document in one of the ways mentioned in subregulation (3).

(5)

If the Minister gives a document to a person by handing it to the person, the person is taken to have received the document when it is handed to the person.

(6)

If the Minister gives a document to a person by handing it to another person at a residential or business address, the person is taken to have received the document when it is handed to the other person.

(7) If the Minister gives a document to a person by dispatching it by prepaid post or by other prepaid means, the person is taken to have received the document:

(a)

if the document was dispatched from a place in Australia to an address in Australia — 7 working days (in the place of that address) after the date of the document; or

(b)

in any other case — 21 days after the date of the document.

(8)

If the Minister gives a document to a person by transmitting it by fax, e-mail or other electronic means, the person is taken to have received the document at the end of the day on which the document is transmitted.