Recently the Full Court of Federal Court of Australia it was held that in DFQ17 and BMY18, in order for a notification of visa refusal under s 66(2)(d) to be valid, it had to “clearly state” the deadline for applying for merits review. As a result, the “late” AAT applications in those cases were actually not late.
However in Ali, DFQ17 was distinguished, holding that the notification in that case clearly stated the deadline for an AAT application. As the circumstances in Ali (i.e. email notification with deadline of 21 calendar days) reflect the vast majority of notifications sent by the Department, Ali had the practical effect of indicating that the error found in DFQ17 only applied to exceptional cases.
Since the decision of Ali, another single judge of the FCA held, that Ali does not sit comfortably with DFQ17 & BMY18 and that the latter decisions should be followed.
For more on the AAT appeal process see.
Admittedly this case is not a “silver” bullet for all application that have been file late but it does provide a strong foundation on which to build.
So if you or anyone you know has had a visa refused or cancelled and fears or believes they are “out of time” to lodge an appeal, make an appointment with a Master Migration Lawyer.
Call 03 9614 0218 or email email@example.com to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page