This form is used to commence a proceeding under section 476 of the Migration Act 1958 (Cth), including where an extension of time is also sought under section 477.
Before starting an application, see the Central Practice Direction – Migration proceedings, which sets out the procedural requirements and steps in the migration law proceedings.
You need to file:
- a completed Application - Migration Act
- an Affidavit
- a copy of the migration decision you want reviewed and any reasons for the decision, and
- any other documents or evidence you want to rely on.
Your application must identify what jurisdictional error you believe the decision maker has made. In your affidavit, you must explain all the relevant facts and circumstances relating to the alleged error.
For more information see, Migration: I want to apply.
Filing with the Court
Once complete, you need to file the documents with the Court. It must be filed electronically using eLodgment, unless it is not reasonably practicable to do so.
Once filed, within 7 days, you must serve a copy of your application and supporting documents to the Minister and in most cases the tribunal or authority who made the decision.
You can serve the documents on the Minister via the Department of Home Affairs (the Department). The Department has offices in each capital city. Go to the Home Affairs website or call the Department on 131 881 for address details.
The Minister will usually file a response within 28 days after you serve the application on them.