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 by s 477(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
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 35 days
- Trigger
- The date of the migration decision, as defined by 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.
- s 477A(2): the Federal Court may by order extend the 35-day period as it considers appropriate if a written application specifying why the applicant considers it necessary in the interests of the administration of justice has been made, and the Court is satisfied it is necessary in the interests of the administration of justice. Procedure is FCR r 31.23 (Form 67 with an affidavit explaining the delay and a draft originating application). Never compute the extension.
- HARD-EDGED PROVISION. s 477A(4): the 35-day period begins to run despite a failure to comply with the notification requirements in the provisions mentioned in the s 477(3) definition. s 477A(5): the period begins to run irrespective of the validity of the migration decision. The Federal Court has original jurisdiction only over the decisions identified in s 476A. A lawyer may file only if the application includes or is accompanied by a s 486I certificate; an application about a tribunal decision must include a s 486D disclosure. Counted under Acts Interpretation Act 1901 (Cth) s 36, not FCR r 1.61: there is no 24 December to 14 January exclusion for this period. Corrected on verification: the researched entry stated that under s 477(3)(c), where no written notice of the decision exists, the trigger is 'the date the decision was made'. The enacted words are 'the date that the Court considers appropriate' (Migration Act 1958 (Cth) s 477(3)(c), compilation of 4 June 2026, Federal Register of Legislation C1958A00062). The original wording would have produced a definite, automatically computed 35-day deadline in a case where the statute supplies no ascertainable start date at all, and s 477A(4)-(5) make the period run regardless of defective notification or invalidity, so a wrongly early or late computed date is unrecoverable.