| 1) |
A notice or document that is required to be delivered may be served in any way permitted in the Act or these Rules. |
| 2) |
Subject to sub-rule (3), a document delivered by a method listed in rule 3(a) to (d) will be deemed to have been delivered on the intended recipient on the date and at the time shown opposite that method, as indicated below— |
Delivered by hand: On the date of the receipt issued by the Commission
Addressed by post: 14 days after the date of posting
Transmitted by fax: On the date of transmission to the Commission
Transmitted by email: On the date of transmission to the Commission
| 3) |
If, in a particular matter, it proves impossible to serve or deliver a document in any manner provided for in these Rules— |
| a) |
if the Commission is required to serve the document, the registrar may apply to the Tribunal for an order of substituted service; |
| b) |
in any other case, the person concerned may apply to the Tribunal for an order of substituted service. |
| 4) |
Subject to rule 3(2), if the date and time for the delivery or service of a document is outside of the office hours of the Commission as set out in rule 3(1), that document will be deemed to have been delivered on the next business day. |
| 5) |
Despite sub-rules (1) - (4), if, in terms of rule 9, a fee is required in respect of a document that has been filed, that document will be deemed to have been filed— |
| a) |
on the date and at the time indicated in section 2(6), if the filing fee is paid to the Commission within three business days of that date and time; or |
| b) |
when the fee is paid to the Commission, if later. |
| 6) |
A document that is delivered by fax must include a cover page, and a document that is transmitted by electronic mail must accompany a cover message, in either case setting out— |
| a) |
the name, address, and telephone number of the sender; |
| b) |
the name of the person to whom it is addressed, and the name of that person's representative, if it is being sent to the representative of a person; |
| c) |
the date and time of the transmission; |
| d) |
the total number of pages sent, including the cover page; and |
| e) |
the name and telephone number of the person to contact if the transmission appears to be incomplete or otherwise unsuccessful. |
Immigration Act, 2002
