Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p73
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 73/154)
Character Range: 390020–392607

of the relief or variation sought.
Note: The Court can only make findings of fact in limited circumstances—see section 44(7) of the AAT Act.
 (3) The applicant must file the notice of appeal in the District Registry in the State or Territory in which the Tribunal heard the matter.
 (4) The applicant must serve a copy of the notice of appeal on:
 (a) each other party to the proceeding; and
 (b) the Registrar of the Tribunal.
Note 1: A Registrar will fix a return date and place of hearing and endorse those details on the notice of appeal.
Note 2: A lawyer may file a notice of appeal starting migration litigation only if the notice of appeal includes or is accompanied by a certificate under section 486I of the Migration Act 1958 signed by the lawyer.
Note 3: For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958.

33.13  Application for extension of time to start appeal
 (1) A person who wants to apply for an extension of time within which to start an appeal mentioned in section 44(2A) of the AAT Act must file an application, in accordance with Form 67.
Note: The application may be made during or after the period mentioned in section 44(2A) of the AAT Act.
 (2) The application must be accompanied by the following:
 (a) the decision from which the appeal is to be brought;
 (b) the reasons for the decision, if published;
 (c) an affidavit stating:
 (i) briefly but specifically, the facts on which the application relies; and
 (ii) why the appeal was not filed within time;
 (d) a draft notice of appeal that complies with rule 33.12.
Note 1: A Registrar will fix a return date and place for hearing and endorse those details on the application.
Note 2: A lawyer may file an application starting migration litigation only if the application includes or is accompanied by a certificate under section 486I of the Migration Act 1958 signed by the lawyer.
Note 3: For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958.

33.14  Amendment of notice of appeal without leave—supplementary notice
  The applicant may, before the return date in the proceeding, amend the notice of appeal without leave of the Court by filing a supplementary notice of appeal.

33.15  Application for leave to raise other questions of law or rely on other grounds
  The applicant may apply to the Court for leave to raise, on the hearing of the appeal, a question of law that was not stated in the notice of appeal.

33.16  Respondent's address for service
  A respondent to an appeal under rule 33.12 or an application