Section 367H — Content of invitation and adverse information given
Text of provision
(1) Any invitation given under subsection 367F(1), or any information and invitation given under subsection 367G(1), must:
(a) be given in writing; and
(b) be given:
(i) unless subparagraph (ii) applies—by one of the methods specified in section 379A; or
(ii) if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person; and
(c) specify that the applicant must respond in writing; and
(d) specify the period (the response period) within which the applicant must respond; and
(e) be given in accordance with the prescribed requirements (if any).
(2) The response period must be:
(a) if a period is prescribed for the purposes of this paragraph— that period; or
(b) in any other case—a reasonable period specified in the notice.
Note: The ART does not have the power to extend the response period.
Plain English
Section 367H specifies that invitations under s 367F and adverse information notices under s 367G must be: (a) in writing, (b) given by a method in s 379A (or, for detained applicants, an appropriate method), and (c) include the response period prescribed by regulation (28 days for s 367F, 14 days for s 367G per reg 4.20).
Practical effect
A failure to comply with these formal requirements could be grounds for judicial review. Practitioners should check the method of service and the stated response period when the invitation or adverse information notice is received.