Time limits most commonly missed in relation to migration, a claim example and lessons learned.
What's on this page?
Migration limitations
| Action | Time limit | Legislation | Extension availability |
|---|---|---|---|
|
Action
Application for review to the Administrative Appeal Tribunal of ‘Part 5 reviewable decisions’ |
Time limit
2 working days to 70 days after the notification of decision, depending on the circumstances |
Legislation
s.347 Migration Act 1958 (Cwlth) in conjunction with r.4.10 Migration Regulations 1994 (Cwlth), s. 412 Migration Act 1958 (Cwlth) in conjunction with r.4.31 Migration Regulations1994 (Cwlth) (protection visas). Other sections and regulations may apply depending on the type of review and visa/ citizenship refusal or cancellation. |
Extension availability
No extension available |
Claim example
A practitioner acted for a client in challenging the refusal of a skilled graduate visa.
The visa was initially refused as the client failed the English language test.
The client re-sat the test and obtained results proving competency. On the basis of those new results the client sought a review of the initial refusal. When the migration agent’s request to the Department of Immigration and Citizenship for an internal review was rejected, the client retained the practitioner to lodge a formal application for review with the Migration Review Tribunal.
The practitioner informed the client of the final date for lodgement and prepared the relevant documentation. The practitioner signed the documentation the day before it was due and arranged for a colleague to deliver it by hand the next day.
On the day the application was due, the client spoke to the practitioner’s colleague to ask whether the application could be made the following day as there were insufficient funds on the client’s credit card to cover the lodgement fee. The client was incorrectly advised the application could wait another day. The application was subsequently lodged the day after it was due without the practitioner’s knowledge or approval.
The Tribunal refused to consider the application on the basis it was time-barred.
Lessons
- Never assume a time limit will be waived or an extension granted.
- Employed lawyers should be properly trained and supervised when providing advice especially about limitation dates.
