Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 4.10

Time for lodgment of applications with Tribunal (Act, s 347)

  (1)   For paragraph   347(1)(b) of the Act, the period in which an application for review of a Part   5 - reviewable decision must be given to the Tribunal:

  (a)   if the Part   5 - reviewable decision is mentioned in subsection   338(2) or (7A) of the Act--starts when the applicant receives notice of the decision and ends at the end of 21 days after the day on which the notice is received; or

  (b)   if the Part   5 - reviewable decision is mentioned in subsection   338(3) or (3A) of the Act--starts when the applicant receives notice of the decision and ends at the end of 7 working days after the day on which the notice is received; or

  (c)   if the Part   5 - reviewable decision is mentioned in subsection   338(5), (6), (7) or (8) of the Act--starts when the applicant receives notice of the decision and ends at the end of 70 days after the day on which the notice is received; or

  (d)   if the Part   5 - reviewable decision is prescribed under subsection   338(9) of the Act--starts when the applicant receives notice of the decision and ends at the end of 21 days after the day on which the notice is received.

  (2)   However, the period in which an application by a detainee for review of a Part   5 - reviewable decision must be given to the Tribunal:

  (a)   in the case of an application for review of a decision of a kind mentioned in subsection   338(4) of the Act--starts when the detainee receives notice of the decision and ends at the end of 2 working days after the day on which the notice is received; or

  (aa)   in the case of an application for review of a decision to which paragraph   4.02(4)(f) applies--starts when the detainee receives notice of the decision to refuse to grant the visa mentioned in subparagraph   4.02(4)(f)(ii) and ends at the end of 2 working days after the day on which the notice is received; or

  (b)   in any other case--starts when the detainee receives notice of the decision and ends at the end of 7 working days after the day on which the notice is received.

  (2A)   For subparagraph   347(1)(b)(iii) of the Act, the prescribed number of days in respect of a Part   5 - reviewable decision prescribed under subsection   338(9) of the Act is 28 days.

Note:   For subparagraph   347(1)(b)(iii) of the Act, there must be a prescribed number of days in respect of kinds of decisions covered by subsection   338(9) of the Act. The prescribed period for applications for review must end not later than the prescribed number of days after notification of the decision.


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