Time Limits

 

TABLE OF CONTENTS

Introduction

 

Here is what the Migration Act sets out at time limits:

Section 477. Time limits on applications to the Federal Magistrates Court

  1. (1) An application to the Federal Magistrates Court 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 Magistrates Court may, by order, extend that 35 day period as the Federal Magistrates Court considers appropriate if:

(a) an application for that order has been made in writing to the Federal Magistrates 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 Magistrates Court is satisfied that it is necessary in the interests of the administration of justice to make the order.

Note that the 35 days runs from the date of the decision rather than receipt of deemed receipt of the decision.

 

 

Barbara Davidson