Key legal question
Whether the Federal Administrative Court correctly found the appeal against the IV decision to be out of time and refused to enter into it.
Extracted holding
The appellant failed to show any manifestly incorrect factual finding or legal error; the lower court rightly held the appeal to be late and refused entry.
Extracted reasoning
The lower court relied on postal inquiry to establish service on 2007-12-28, making the 30-day deadline expire on 2008-02-02. The appeal was handed to the post only on 2008-02-16. The appellant's unsupported assertions about later receipt and earlier posting did not undermine the factual findings or justify restoration of the deadline.