WACB v Minister for Immigration and Multicultural and Indigenous Affairs

Immigration – Refugees - Non-citizen - Illiterate and unaccompanied minor in immigration detention - Application for review by the Federal Court of decision of Refugee Review Tribunal - Whether under s 478(1)(b) of the Migration Act 1958 (Cth) the application for review was lodged within 28 days of the applicant being notified of the decision - Whether applicant "notified of the decision" under s 478(1)(b) by being told of outcome of decision - Whether giving to the applicant the written statement under s 430 is required for notification under s 478(1)(b).

Statutes – Construction - Whether under s 478(1)(b) of the Migration Act 1958 (Cth) the application for review was lodged within 28 days of the applicant being notified of the decision - Whether the Minister's obligations as statutory guardian under s 6 of the Immigration (Guardianship of Children) Act 1946 (Cth) are relevant to the construction of s 478(1)(b).

Words and phrases – "Notified of the decision", "decision", "give".

Migration Act 1958 (Cth) – ss 430, 430A, 430B, 430C, 430D, 478.

Immigration (Guardianship of Children) Act 1946 (Cth) – ss 5, 6, 6A.