Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 347

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 7 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.

  (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.