# Who can apply for ART review etc

> act-s347A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

347A Who can apply for ART review etc.
          (1) An application for review of a reviewable migration decision may
              only be made by:
               (a) for a decision covered by subsection 338(2), (3), (3A), (4) or
                    (7A)—the non-citizen who is the subject of that decision; or
               (b) for a decision covered by subsection 338(5) or (8)—the
                    sponsor or nominator referred to in the subsection concerned;
                    or
               (c) for a decision covered by subsection 338(6) or (7)—the
                    relative referred to in the subsection concerned; or
               (d) for a decision covered by subsection 338(9)—the person
                    prescribed in respect of the kind of decision in question
                    prescribed for the purposes of that subsection.
               Note:      Section 5G may be relevant for determining family relationships for
                          the purposes of paragraph (c) of this subsection.

          (2) If the reviewable migration decision is covered by
              subsection 338(2), (3), (3A) or (4), an application for review may
              only be made by a non-citizen who is physically present in the
              migration zone when the application for review is made.
          (3) If the reviewable migration decision is covered by
              subsection 338(7A), an application for review may only be made
              by a non-citizen who:
                (a) was physically present in the migration zone at the time when
                     the decision was made; and
                (b) is physically present in the migration zone when the
                     application for review is made.
          (4) An application for review of a reviewable protection decision may
              only be made by the non-citizen who is the subject of the decision.









          (5) An application for review of a reviewable protection decision may
              only be made by a non-citizen who is physically present in the
              migration zone when the application for review is made.
          (6) This section has effect despite section 17 (who can apply) and
              section 35 (applications may be made on behalf of a person) of the
              ART Act.