MIGRATION ACT 1958 - SECT 477 Time limits on applications to the Federal Circuit and Family Court of Australia (Division 2)

MIGRATION ACT 1958 - SECT 477

  (1)   An application to the Federal Circuit and Family Court of Australia (Division   2) for a remedy to be granted in exercise of the court's original jurisdiction under section   476 in relation to a migration decision must be made to the court within 35 days of the date of the migration decision.

  (2)   The Federal Circuit and Family Court of Australia (Division   2) may, by order, extend that 35 day period as the Federal Circuit and Family Court of Australia (Division   2) considers appropriate if:

  (a)   an application for that order has been made in writing to the Federal Circuit and Family Court of Australia (Division   2) specifying why the applicant considers that it is necessary in the interests of the administration of justice to make the order; and

  (b)   the Federal Circuit and Family Court of Australia (Division   2) is satisfied that it is necessary in the interests of the administration of justice to make the order.

  (3)   In this section:

"date of the migration decision" means:

  (a)   in the case of a migration decision made under subsection   43(1) of the Administrative Appeals Tribunal Act 1975 --the date of the written decision under that subsection; or

  (b)   in the case of a migration decision made by the Administrative Appeals Tribunal in the exercise of its powers under Part   5--the day the decision is taken to have been made under subsection   362C(3), 368(2) or 368D(1); or

  (c)   in the case of a migration decision made by the Administrative Appeals Tribunal in the exercise of its powers under Part   7--the day the decision is taken to have been made under subsection   426B(3), 430(2) or 430D(1); or

  (ca)   in the case of a migration decision made by the Immigration Assessment Authority--the date of the written statement under subsection   473EA(1); or

  (d)   in any other case--the date of the written notice of the decision or, if no such notice exists, the date that the Court considers appropriate.

  (4)   For the purposes of subsection   (1), the 35 day period begins to run despite a failure to comply with the requirements of any of the provisions mentioned in the definition of date of the migration decision in subsection   (3).

  (5)   To avoid doubt, for the purposes of subsection   (1), the 35 day period begins to run irrespective of the validity of the migration decision.