Federal Court. DFQ17 held that a visa refusal notification letter must clearly convey the deadline for an application for merits review in order to comply with s 66(2)(d)(ii). Here, the following sentence was found under the heading "Registries of the [AAT]": "As this letter was given to you by hand, you are taken to have received it when it was handed to you". Did the place of that sentence render the notification unclear? The letter also read: "As you are in immigration detention, the prescribed timeframe commences on the day on which you were notified of this decision, and ends at the end of seven working days (beginning with the first working day that occurs on or after that day)". Did the latter sentence precisely track reg 4.31(1)?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Is there an inconsistency in the approaches of the Full Courts in DFQ17 and BMY18 on the one hand, and Singh on the other hand?
Question 2: Here, page 3 of the notification of visa refusal started with the sentence: "As this letter was given to you by hand, you are taken to have received it when it was handed to you" under the heading "Registries of the Administrative Appeals Tribunal". Did the place of that sentence make render the notification unclear?
Question 3: The notification also read: "As you are in immigration detention, the prescribed timeframe commences on the day on which you were notified of this decision, and ends at the end of seven working days (beginning with the first working day that occurs on or after that day)". Did that sentence precisely track reg 4.31(1) of the Migration Regulations 1994 (Cth)?
The FCA answered those questions as follows:
The remainder of this article is only available to Case Law and Platinum subscribers.
Read our Terms & Conditions and upgrade below:
Monthly Subscriptions
Annual Subscriptions
Where GST applies, the above amounts are inclusive of GST.
Content Types
Basic Content includes basic news, some media articles and selected announcements.
Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.
Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.
Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.
If you already have a Case Law or Platinum subscription, click on 'Login' below.