Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p65
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 65/154)
Character Range: 370987–373673

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Division 31.3—Migration Act 1958

31.21  Definitions for Division 31.3
  An expression used in this Division that is defined in the Migration Act 1958 has the same meaning in this Division as it has in that Act.
Note: For the definition of lawyer and migration decision, see section 5 of the Migration Act 1958. For the definition of tribunal decision, see section 486D of the Migration Act 1958.

31.22  Application for review of migration decision
 (1) A person who wants to make an application for the review of a migration decision must file an originating application, in accordance with Form 70.
Note 1: The Federal Court only has original jurisdiction in relation to migration decisions of the kind identified in section 476A of the Migration Act 1958.
Note 2: A lawyer may file an application 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: An application in relation to a tribunal decision must include a disclosure under section 486D of the Migration Act 1958.
Note 4: The application must be made within 35 days of the migration decision—see section 477A of the Migration Act 1958.
 (2) If the grounds of the application include an allegation of fraud or bad faith, the application must include details of the alleged fraud or bad faith.

31.23  Application for extension of time
 (1) A person who wants to apply for an extension of time within which to lodge an application for the review of a migration decision under section 477A(2) of the Migration Act 1958 must file an application for extension of time, in accordance with Form 67.
 (2) An application for an extension of time must be accompanied by:
 (a) an affidavit stating:
 (i) briefly but specifically, the facts on which the application relies; and
 (ii) why the application was not filed within time; and
 (b) a draft originating application that complies with rule 31.22.
Note: The notes to rule 31.22 also apply to applications for extensions of time.

31.24  Notice of objection to competency
 (1) A respondent who objects to the competency of an application, must, within 14 days after being served with the application, file a notice of objection to competency:
 (a) in accordance with Form 68; and
 (b) that, briefly but specifically, states the grounds of the objection.
 (2) The applicant carries the burden of establishing the competency of an application.
 (3) A respondent may apply to the Court for the question of competency to be heard and determined before the hearing of the application.
 (4) If a respondent has not filed a notice under subrule (1), and the application is dismissed by