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Is there a time limit for applying? 

Yes. There are very strict time limits to lodge an application for a review of a decision about a protection visa, or a protection finding decision made under section 197D of the Migration Act 1958.

The time limit is:

  • 28 days if you are not in immigration detention
  • 7 working days if you are in immigration detention

You can check the Department of Home Affairs decision letter to find out what the time limit is.

How do we calculate the time period to lodge an application?

If you are not in immigration detention, the time period for lodging an application commences on the day on which you are taken to have received notice of the decision. This means that the 28 days includes that day.

If you are in immigration detention and the day on which you are taken to have received notice of the decision is a working day, the time period for lodging an application commences on that day. This means that the 7 working days includes that day.

If you are in immigration detention and the day on which you are taken to have received notice of the decision is a Saturday, Sunday or public holiday, the 7 working days for lodging an application commences on the next working day.

What can I do if the time limit has expired?

The AAT has no power to extend the time limit to lodge an application for review of these decisions.