Is there a time limit for applying?
Yes. Special rules and stricter time limits apply in some cases.
Expedited review of decisions made under section 501 and 501CA of the Migration Act 1958
You must lodge an application within 9 days after the day on which you were notified of the decision if:
- you are applying for a review of a decision:
- to refuse or cancel a visa under section 501
- to not revoke the mandatory cancellation of a visa under section 501CA.
- you are the visa applicant or person whose visa has been cancelled, and
- you are in Australia.
If the ninth day is a Saturday, Sunday or public holiday, you must apply for a review by the next working day.
The AAT has no power to extend the time limit.
You must lodge an application for review within 28 days after the notification of the decision.
What can I do if the time limit has expired?
You can apply to us to extend the time limit to lodge the application. You must apply in writing and include reasons why the application is late. You can do this:
Check our contact details to lodge the application at one of our registries, or send the application by post, email or fax.
What happens after you apply for an extension of time?
We will send a copy of your extension application to the Department of Home Affairs. They have 14 days to tell us if they oppose the application.
If they do not oppose the application, we will generally make a decision without holding a hearing. If they oppose the application, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at the AAT's offices.
We will only start the review if we decide to extend the time limit.