Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION ACT 1958 - SECT 347

Application for review of Part 5 - reviewable decisions

  (1)   An application for review of a Part   5 - reviewable decision must:

  (a)   be made in the approved form; and

  (b)   be given to the Tribunal within the prescribed period, being a period ending not later than:

  (i)   if the Part   5 - reviewable decision is covered by subsection   338(2), (3), (3A), (4) or (7A)--28 days after the notification of the decision; or

  (ii)   if the Part   5 - reviewable decision is covered by subsection   338(5), (6), (7) or (8)--70 days after the notification of the decision; or

  (iii)   if the Part   5 - reviewable decision is covered by subsection   338(9)--the number of days prescribed, in respect of the kind of decision in question prescribed for the purposes of that subsection, after the notification of the decision; and

  (c)   be accompanied by the prescribed fee (if any).

  (2)   An application for review may only be made by:

  (a)   if the Part   5 - reviewable decision is covered by subsection   338(2), (3), (3A), (4) or (7A)--the non - citizen who is the subject of that decision; or

  (b)   if the Part   5 - reviewable decision is covered by subsection   338(5) or (8)--the sponsor or nominator referred to in the subsection concerned; or

  (c)   if the Part   5 - reviewable decision is covered by subsection   338(6) or (7)--the relative referred to in the subsection concerned; or

  (d)   if the Part   5 - reviewable decision is covered by subsection   338(9)--the person prescribed in respect of the kind of decision in question prescribed for the purposes of that subsection.

Note:   Section   5G may be relevant for determining family relationships for the purposes of paragraph   (2)(c).

  (3)   If the Part   5 - reviewable decision was covered by subsection   338(2), (3), (3A) or (4), an application for review may only be made by a non - citizen who is physically present in the migration zone when the application for review is made.

  (3A)   If the Part   5 - reviewable decision was covered by subsection   338(7A), an application for review may only be made by a non - citizen who:

  (a)   was physically present in the migration zone at the time when the decision was made; and

  (b)   is physically present in the migration zone when the application for review is made.

  (4)   If the Part   5 - reviewable decision was covered by subsection   338(4), the approved form for an application for review must include a statement advising the applicant that the applicant may:

  (a)   request the opportunity to appear before the Tribunal; and

  (b)   request the Tribunal to obtain oral evidence from a specified person or persons.

A request must be made in the approved form and must accompany the application for review.

  (5)   Regulations made for the purposes of paragraph   (1)(b) may specify different periods in relation to different classes of Part   5 - reviewable decisions (which may be decisions that relate to non - citizens in a specified place).


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback