When is the deadline for application to the federal circuit and family court (division 2) for judicial review of a migration decision?
The catalogue records a 35 days period from The date of the migration decision as defined in s 477(3). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 35 days
- Trigger
- The date of the migration decision as defined in s 477(3)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- The court may extend the 35-day period under s 477(2), but only on a written application specifying why the applicant considers it necessary in the interests of the administration of justice, and only if the court is satisfied that it is necessary in the interests of the administration of justice. There is no appeal from an order making or refusing such an order.
- Confirmed verbatim on verification, including the s 477(3) definition. The 'date of the migration decision' is: for a migration decision made under ART Act s 105 other than on a Part 5 application, the day the decision is made under that section; for an ART decision on a Part 5 application, the day the decision is taken to have been made under s 368(6) or (7) or s 368B(3); in any other case, the date of the written notice of the decision, or if no such notice exists the date the Court considers appropriate. Sections 477(4) and (5) are traps: the 35 days runs despite a failure to comply with notification provisions, and irrespective of the validity of the decision. The phrase 'within 35 days OF THE DATE' is not one of the seven forms enumerated in the Acts Interpretation Act 1901 (Cth) s 36(1) table, so the exclusion of the decision date rests on the general principle reflected in items 5 and 6 rather than on a directly matching item. The period is fixed by the Act, so Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) r 1.22 does NOT govern it: there is no 24 December to 14 January exclusion and no 5-day short-period rule. Rule 25.04 is headed 'Application for judicial review of migration decision' and was confirmed to exist.