Actions in Respect of Migration and Citizenship

70 days after notification of decision made under ss 338(5), (6), (7) or (8).

Number of days prescribed in decision made under s 338(9).

Reg 4.10 Migration Regulations 1994 (Cth)

Note: The date on which the applicant is said to be notified of the decision depends on the method of delivery (see s 494B of the Migration Act). s 494C of the Migration Act is a deeming provision regarding when the person is taken to have received the document and is strictly interpreted.

Note: There are special time limits for applications by detainees. See Reg 4.10(2) Migration Regulations 1994 (Cth).

Reg 4.31 Migration Regulations 1994 (Cth)

Also, some applications for review of refusal or cancellation decisions must be made to the AAT (see below).

·         28 days after the decision is given to applicant.

Where decision does not provide findings/reasons:

·         28 days after statement of findings/reasons is given to applicant; OR

·         28 days after applicant notified reasons will not be given.

s 500 Migration Act 1958 (Cth) – review of visa cancellation decision under s 501, deportation decision under s 200, refusal to grant or to cancel protection visa under s 501CA(4)

s 136 Migration Act 1958 (Cth)- business visa cancellation under s 134

s 306 Migration Act 1958 (Cth) – decisions of the Migration Agents Registration Authority

Note: Where Applicant is in the migration zone, time limit is 9 days after notified of decision (s 500(6B) Migration Act 1958 (Cth)).

35 days from the date of the decision for application to Federal Court (s 477A).

35 days from the date of the decision for application to High Court (s 486A).

Court may, by order, extend time (ss 477(2), 477A(2), 486A(2)).

Note: Part 8 of the Migration Act provides for limited rights of review of ‘privative clause decisions’.

Note: An application for Extension of Time to the Federal Circuit Court must be made in writing specifying why the applicant considers it necessary in the interests of the administration of justice to make the order (s 477(2)). If an Application for Extension of Time is dismissed in the Federal Circuit Court or Federal Court at first instance, no appeal lies to the Full Federal Court of Australia (s 476A(3)).

·         28 days after the decision is given to applicant

Where decision does not provide findings/reasons:

·         28 days after statement of findings/reasons is given to applicant; OR

·         28 days after applicant notified reasons will not be given.

s 52 Australian Citizenship Act 2007 (Cth)

A person must be a permanent resident to apply for review of a decision made under s 24 refusing an application for the grant of citizenship (s 52(2) Australian Citizenship Act 2007).