Migration Act s 486A — Time limit on applications to Federal Court
Text of provision
Refer to the current compilation of the Migration Act 1958 on the Federal Register of Legislation for verbatim text.
Plain English
Section 486A imposes a 35-day time limit on applications to the Federal Court of Australia (FCA) for judicial review in the limited circumstances where the FCA has original jurisdiction under s 476A.
The 35-day period runs from the date the applicant is notified of the decision being reviewed (or, in some cases, from the date the decision is taken to have been made).
The Court may extend the time limit if the applicant can demonstrate there are exceptional circumstances that justify a grant of more time. Extensions are not available as of right — the Court must be satisfied the circumstances are genuinely exceptional.
Practical effect
The 35-day time limit under s 486A is strict and strictly enforced. Missing the deadline can permanently bar an applicant from seeking judicial review in the FCA, even if the underlying decision contains a jurisdictional error.
The companion provision for the Federal Circuit and Family Court of Australia (FCFCA) is s 477, which also imposes a 35-day limit on applications to that court. The FCFCA can extend time under s 477A if exceptional circumstances are shown.
In practice, time limits in migration judicial review proceedings are calculated carefully by legal representatives. The date of notification (actual or deemed) is critical: migration decisions are typically taken to have been notified when sent by post (3 or 7 working days after the decision date, depending on the method) or when placed in an ImmiAccount inbox.
Applications for judicial review that challenge decisions of the Administrative Review Tribunal (ART) — which replaced the AAT in October 2024 — are subject to these same time limits.