# Time limits on applications to the Federal Circuit and Family Court of Australia (Division 2)

> act-s477 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

477 Time limits on applications to the Federal Circuit and Family
          Court of Australia (Division 2)
          (1) An application to the Federal Circuit and Family Court of Australia
              (Division 2) for a remedy to be granted in exercise of the court’s
              original jurisdiction under section 476 in relation to a migration
              decision must be made to the court within 35 days of the date of
              the migration decision.
          (2) The Federal Circuit and Family Court of Australia (Division 2)
              may, by order, extend that 35 day period as the Federal Circuit and
              Family Court of Australia (Division 2) considers appropriate if:
               (a) an application for that order has been made in writing to the
                   Federal Circuit and Family Court of Australia (Division 2)
                   specifying why the applicant considers that it is necessary in
                   the interests of the administration of justice to make the
                   order; and
               (b) the Federal Circuit and Family Court of Australia
                   (Division 2) is satisfied that it is necessary in the interests of
                   the administration of justice to make the order.
          (3) In this section:
               date of the migration decision means:
                (a) in the case of a migration decision made under section 105 of
                     the ART Act (other than a decision made by the ART in
                     relation to an application under Part 5)—the day the decision
                     is made under that section; or
                (b) in the case of a migration decision made by the ART in
                     relation to an application under Part 5—the day the decision
                     is taken to have been made under subsection 368(6) or (7) or
                     368B(3); or
                (c) in any other case—the date of the written notice of the
                     decision or, if no such notice exists, the date that the Court
                     considers appropriate.
          (4) For the purposes of subsection (1), the 35 day period begins to run
              despite a failure to comply with the requirements of any of the









               provisions mentioned in the definition of date of the migration
               decision in subsection (3).
          (5) To avoid doubt, for the purposes of subsection (1), the 35 day
              period begins to run irrespective of the validity of the migration
              decision.