Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p16
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 16/23)
Character Range: 203782–206449

remitted to the Court by the High Court under section 44 of the Judiciary Act 1903 and in accordance with section 476B of the Migration Act.
 (3) Subrule (2) is subject to any order of the High Court in the matter.

29.03  Application of Chapter 1
  Chapter 1 applies, so far as it is relevant and not inconsistent with this Part, to a proceeding to which this Part applies.

Division 29.2—Matters started in the Court

29.04  Application of Division 29.2
  This Division applies to a matter started in the Court.

29.05  Application for judicial review of migration decision
 (1) An application for a remedy to be granted in exercise of the Court's jurisdiction under section 476 of the Migration Act in relation to a migration decision must be made in accordance with the approved form.
 (2) An application must be supported by an affidavit including:
 (a) a copy of the decision in relation to which the remedy is sought and any statement of reasons for the decision; and
 (b) each document or other evidence the applicant seeks to rely on; and
 (c) if an extension of time is sought—the evidence explaining the delay and showing why it is necessary in the interests of the administration of justice for the Court to grant an extension.
Note: See rules 4.03 and 4.04 in relation to a response to an application.

29.06  Response to application for judicial review of migration decision
 (1) In addition to the requirements in rule 4.03, a respondent to an application under this Division must state in the response:
 (a) whether the respondent asks the Court to make an order under rule 13.10; and
 (b) whether any applicant is in immigration detention and, if so, the place of detention; and
 (c) whether the respondent believes the matter requires expedition and, if so, why; and
 (d) if the respondent is aware that any applicant requires an interpreter—the language of the interpreter that is required; and
 (e) if the respondent is aware of any related judicial review proceedings—details of those proceedings; and
 (f) if the respondent is aware that any applicant has already brought judicial review proceedings in respect of the same decision—details of those proceedings.
 (2) Despite subrule 4.03(3), a response to an application under this Part must be filed and served within 8 weeks after service of the application to which it relates.

Division 29.3—Matters remitted by the High Court

29.07  Application of Division 29.3
  This Division applies to a matter, or part of a matter, remitted to the Court by the High Court, subject to any direction of the High Court in the matter.

29.08  Filing of order of remittal
 (1) A sealed copy of the order of