Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 477A

Time limits on applications to the Federal Court

             (1)  An application to the Federal Court for a remedy to be granted in exercise of the court's original jurisdiction under paragraph 476A(1)(b) or (c) 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 Court may, by order, extend that 35 day period as the Federal Court considers appropriate if:

                     (a)  an application for that order has been made in writing to the Federal Court 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 Court 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 " has the meaning given by subsection 477(3).

             (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 477(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.



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