When is the deadline for application to the federal court 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) and applied by s 477A(3). This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
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Calculation basis and source
- Period
- 35 days
- Trigger
- The date of the migration decision, as defined in s 477(3) and applied by s 477A(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 Federal Court may extend under s 477A(2) on the same 'interests of the administration of justice' test. Federal Court Rules 2011 (Cth) r 31.23, headed 'Application for extension of time', sets out the procedure. No appeal lies from an order making or refusing the extension.
- Rules 31.22 ('Application for review of migration decision') and 31.23 ('Application for extension of time') in Division 31.3 of the Federal Court Rules 2011 (Cth) were confirmed on verification against Compilation No. 11. The Federal Court's original jurisdiction is confined by s 476A(1). The 35-day limit in s 477A applies only to paragraphs (b) and (c): ART decisions on review under s 500, and decisions made personally by the Minister under ss 501, 501A, 501B, 501BA, 501C or 501CA. Sections 477A(4) and (5) replicate the traps in s 477: time runs despite defective notification and irrespective of validity. Because the period is fixed by the Act, Federal Court Rules 2011 (Cth) r 1.61 does not apply, so there is no 24 December to 14 January exclusion.