Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 31.22

Application for review of migration decision

             (1)  A person who wants to make an application for the review of a migration decision must file an originating application, in accordance with Form 70.

Note 1:       The Federal Court only has original jurisdiction in relation to migration decisions of the kind identified in section 476A of the Migration Act 1958 .

Note 2:       A lawyer may file an application only if the application includes, or is accompanied by, a certificate under section 486I of the Migration Act 1958 signed by the lawyer.

Note 3:       An application in relation to a tribunal decision must include a disclosure under section 486D of the Migration Act 1958 .

Note 4:       The application must be made within 35 days of the migration decision--see section 477A of the Migration Act 1958 .

             (2)  If the grounds of the application include an allegation of fraud or bad faith, the application must include details of the alleged fraud or bad faith.



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