Dr Stephen Tully of Chambers and Sally Hunt, Solicitor Director of Supra Legal, successfully overturned a decision of the Administrative Appeals Tribunal which rejected as late a merits review application lodged by their client concerning a decision of a delegate of the Minister for Immigration and Border Protection not to revoke a prior visa cancellation decision.

The Department of Immigration and Border Protection purported to notify the client of this decision in a letter which omitted certain information. The tribunal held that it lacked jurisdiction, and proceedings were commenced before the Federal Court of Australia.

The parties agreed to remit the tribunal’s decision for reconsideration because the client had not been correctly notified of the delegate’s decision as required by the Migration Act 1958 (Cth).