When is the deadline for application to the art for review of a reviewable migration or protection decision?
The catalogue records a 28 days period from The day the applicant is notified of the decision. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day the applicant is notified of the decision
- 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.
- None. Section 19 (Tribunal may extend period) of the ART Act does not apply in relation to reviewable migration decisions or reviewable protection decisions. There is no power to extend.
- CURRENCY CRITICAL, and confirmed on verification. Part 7 of the Migration Act, which formerly governed protection visa review through s 412 and the Refugee Review Tribunal lineage, has been repealed by the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth) and protection review has been folded into Part 5, with effect from 14 October 2024. A single s 347, headed 'Application for ART review', now governs both reviewable migration decisions and reviewable protection decisions, and the periods are hard-coded in the Act rather than in Migration Regulations 1994 (Cth) reg 4.10. Section 347 must be read with s 347A (who may apply, including the requirement of physical presence in the migration zone) and s 348, which makes the ART's jurisdiction conditional on the application being properly made under ss 347 and 347A, so lateness is jurisdictional. The date of notification is normally a deemed date under Migration Act 1958 (Cth) s 494C. Rollover under Acts Interpretation Act 1901 (Cth) s 36(2) still operates: it is a rule of computation, not an extension of time, and only the extension power is removed.