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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.