FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 33.13 Application for extension of time to start appeal

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 33.13

         (1)   A person who wants to apply for an extension of time within which to start an appeal mentioned in section 44 (2A) of the AAT Act must file an application, in accordance with Form 67.

Note    The application may be made during or after the period mentioned in section 44 (2A) of the AAT Act.

         (2)   The application must be accompanied by the following:

                (a)    the decision from which the appeal is to be brought;

               (b)    the reasons for the decision, if published;

                (c)    an affidavit stating:

                          (i)    briefly but specifically, the facts on which the application relies; and

                         (ii)    why the appeal was not filed within time;

               (d)    a draft notice of appeal that complies with rule 33.12.

Note 1    The Registrar will fix a return date and place for hearing and endorse those details on the application.

Note 2    A lawyer may file an application starting migration litigation only if the application includes or is accompanied by a certificate under section 486I of the Migration Act 1958 signed by the lawyer.

Note 3    For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958 .