When is the deadline for response to an art invitation to comment or give additional information in a part 5 review?
The catalogue records a 28 days period from The day the person receives the invitation given under s 359B(2). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day the person receives the invitation given under s 359B(2)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None identified. Regulation 4.17 permits a SHORTER period only where a detainee agrees in writing, and the agreed period must be not less than 1 working day. Do not assume a power to lengthen the prescribed period.
- ADDED on verification. This deadline was missing from the researched catalogue even though it is the response deadline that arises in the ordinary run of Part 5 migration and protection reviews, and it is far shorter than 28 days for detainees. Regulation 4.17 is headed 'Prescribed periods - invitation to comment or give additional information (Act, s 359B(2))' and was confirmed on verification, as was the parallel reg 4.18A for s 359B(4). Failure to respond within the prescribed period engages Migration Act 1958 (Cth) s 359C, which permits the ART to make a decision on the review without taking any further action to obtain the information. A response is taken to be given to the Tribunal when a registry of the Tribunal receives it, so the deadline is a receipt deadline, not a dispatch deadline.