Federal Court: a single judge of the FCA accepted that DFQ17 stood for the proposition that refusal letters must clearly convey the deadline for merits review, but also accepted the Minister's argument that the particular letter did so. As a result, arguing DFQ17 has now become more challenging, meaning that submissions on DFQ17 need to be really well articulated.
Summary and discussion
An application for merits review of this decision must be given to the AAT within 21 calendar days after the day on which you are taken to have received this letter...
As this letter was sent to you by email, you are taken to have received it at the end of the day it was transmitted
25 I am bound by DFQ17 and must follow it in so far as it concerns the proper construction of s 66(2)(d) of the Act. It is authority for the proposition that s 66(2)(d)(ii) requires that the relevant information (ie. the time in which the application for review may be made) must be clearly conveyed.However, the single judge found that the deadline in question had been clearly conveyed and thus distinguished DFQ17 for the reasons given in the below extract...
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