Section 347 — Application for review of migration decisions
Text of provision
Making an application
(1) An application may be made to the ART for review of a reviewable migration decision or a reviewable protection decision.
(2) The application must:
(a) include the prescribed information (if any); and
(b) be accompanied by the prescribed documents (if any); and
(c) be accompanied by the prescribed fee (if any). Time for making an application
(3) An application must be made:
(a) if the applicant is in immigration detention on the day the applicant is notified of the decision—within 14 days after the day the applicant is notified of the decision; or
(b) otherwise—within 28 days after the day the applicant is notified of the decision. Certain provisions of the ART Act do not apply
(4) Subsection (3) applies despite section 18 (when to apply—general rule) of the ART Act.
(5) Section 19 (ART may extend period) of the ART Act does not apply in relation to reviewable migration decisions or reviewable protection decisions.
(6) Subsections 34(2) and (3) (information to include in applications and validity) of the ART Act do not apply to an application to the ART for review of a reviewable migration decision or a reviewable protection decision. Migration Act 1958 139 Part 5 Reviewable migration decisions and reviewable protection decisions Division 2 ART review
(7) Paragraph (2)(c) has effect despite any rules made for the purposes of section 296 (Tribunal may charge fees) of the ART Act to the extent those rules relate to applications to the ART for review of reviewable migration decisions or reviewable protection decisions.
Plain English
Section 347 provides that an application for ART review of a migration decision must be made within the prescribed time and in the approved form, accompanied by the prescribed fee. Time limits are typically 21 days from the date the applicant is notified of the decision, or 28 days where the decision is made while the applicant is outside Australia. The ART has no power to extend the time limit for lodging a migration review application.
Practical effect
The non-extendable time limit is one of the most unforgiving features of the migration review jurisdiction. Missing the deadline by even one day means the ART has no jurisdiction to hear the application. Practitioners must diarise review deadlines immediately upon receiving an adverse decision notice. The notification date (not the date the client actually reads the notice) is the starting point. Clients in regional areas or who are not represented at the time of the decision are at particular risk of missing the window. Fees are required at time of lodgment; fee waiver applications are available in limited circumstances.