When can a motion be accepted related to a failure to respond to an RFE?

A motion can be accepted related to a failure to respond to a Request for Evidence (RFE) if it was sent to an incorrect address. This situation creates a valid reason for not receiving the RFE, as the applicant may never have had the opportunity to respond to it. If important communication like an RFE fails to reach the intended recipient due to an address error, the applicant is essentially being denied the chance to provide necessary documentation or information, which could significantly affect the outcome of their case.

In such situations, it is recognized that the failure to respond was not due to a lack of diligence on the part of the applicant but rather a logistical issue outside of their control. Therefore, the inability to respond under these circumstances justifies the acceptance of a motion to reconsider or reopen the case.

Regarding the other options, if no instructions were given, the applicant could still have responsibility to follow up and make sure they understand what is required. If the applicant was not notified, there may be questions about the communication process that would need further investigation. Finally, if the RFE was unclear, while it may be a valid reason for confusion, it does not strictly relate to a failure of delivery like an incorrect address does.