Regulation 2.55 — Giving of documents relating to proposed cancellation, cancellation or revocation of cancellation

2.55 Giving of documents relating to proposed cancellation, cancellation or revocation of cancellation

When this regulation applies

(1) This regulation applies in relation to the following documents:

(a) a document relating to the proposed cancellation of a visa under the Act;

(b) a document relating to the cancellation of a visa under the Act;

(c) a document relating to the revocation of the cancellation of a visa under the Act;

(d) a document relating to a decision not to revoke 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.

How to give documents other than designated documents

(3) Subject to subregulation (3A), for a document other than a designated document, 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) email; or

(iii) other electronic means; to the last fax number, email address or other electronic address known to the Minister.

(3A) If the person is a minor, the Minister must give a document (other than a designated document) in 1 of the following ways:

(a) by handing it to the minor personally;

(b) by handing it to another person who:

(i) is at the last residential or business address for the minor that is 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 and then dispatching the document:

(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 minor’s last residential address, business address or post box address known to the Minister;

(d) by transmitting the document by:

(i) fax; or

(ii) email; or

(iii) other electronic means; to the minor’s last fax number, email address or other electronic address known to the Minister;

(e) by dating and then dispatching the document:

(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 a carer of the minor at the last residential address, business address or post box address for the carer of the minor that is known to the Minister;

(f) by transmitting the document by:

(i) fax; or

(ii) email; or

(iii) other electronic means; to a carer of the minor at the last fax number, email address or other electronic address for the carer of the minor that is known to the Minister.

How to give designated documents

(4) Subject to subregulation (4A), for a designated document:

(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).

(4A) If the person is a minor:

(a) the Minister must give a designated document in 1 of the ways mentioned in subregulation (3A); and

(b) if the minor has held the visa for at least 1 year when the document is to be given, Immigration must try to find the minor.

Document given to carer is taken to be given to minor

(4B) If the Minister gives a document to a carer of the minor in accordance with this regulation, the Minister is taken to have given the document to the minor.

(4C) Nothing in subregulation (4B) prevents the Minister giving the minor a copy of the document.

When document is taken to be received

(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, email 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.

(9) If:

(a) the Minister purports to give a document to a person by a method specified in this regulation but makes an error in doing so; and

(b) the person nonetheless receives the document or a copy of the document;

the Minister is taken to have given the document to the person and the person is taken to have received the document:

(c) at the time specified by this regulation for that method; or

(d) if the person can show that he or she received the document at a later time—at that later time.

Part 2A—Sponsorship applicable to Division 3A of Part 2 of the Act Division 2.11—Introductory