Questão jurídica principal
Whether the Federal Administrative Court correctly held the appeal against the refusal of facilitated naturalization to be out of time
Decisão extraída
Yes. The first postal attempt triggered deemed service under Art. 20(2bis) VwVG, so the 30-day deadline expired before the appeal was filed.
Fundamentação extraída
The decision was initially deemed served on 2 June 2011 after the failed delivery attempt of 25 May 2011. The second mailing did not restart the deadline because the appellant had already been informed of the contents and still had time to file at least a summary appeal.