Immigration Act 2004

Service of notices.

18

18.—(1) Where a notice is required or authorised by or under this Act to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in some one of the following ways:

(a) by delivering it to him or F28[her,]

(b) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him or her at the address most recently furnished by him or her to F29[a registration officer pursuant to section 9, or to the Minister pursuant to section 16 (3)(c) of the International Protection Act 2015], as the case may be or, in a case in which an address for service has been furnished, F28[at that address, or]

F30[(c) by sending it by electronic means in accordance with subsection (1A), in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.]

F30[(1A) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—

(a) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or

(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.]

F28[(2) Where a notice has been sent to a person in accordance with—

(a) paragraph (b) of subsection (1), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

(b) paragraph (c) of subsection (1), the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice by the electronic means used.]

F30[(3) In this section, "electronic interface" means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.]

Annotations

Amendments:

F28

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 48(a)(i), (ii), (c), S.I. No. 389 of 2023.

F29

Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 33, S.I. No. 370 of 2022, subject to transitional provisions in s. 40.

F30

Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 48(a)(iii), (b), (c), S.I. No. 389 of 2023.