Australia’s migration review system is highly structured and strictly time-bound. Missing a deadline — even by a single day — can permanently close legal avenues. Whether you are an applicant, migration adviser, interpreter, or legal professional, understanding which body handles your case and the exact timeframe at each stage is essential.
This guide explains the roles of the Administrative Review Tribunal (ART), the Federal Circuit and Family Court of Australia (Division 2), and the Federal Court of Australia, together with the key statutory deadlines that govern migration matters.
I. Administrative Review Tribunal (ART): Merits Review Stage
The Administrative Review Tribunal (ART) — Migration and Refugee Division — replaced the former Administrative Appeals Tribunal (AAT), MRT, and RRT on 14 October 2024.
This tribunal conducts a merits review, meaning it reassesses the Department of Home Affairs’ decision on the facts and law. It can affirm, vary, or substitute the original decision.
Time limits to apply to the ART
The deadline to lodge a review application depends on the type of visa decision and is stated in the refusal or cancellation notice. Common examples include:
- Protection visa refusal (non-detained): typically 28 days
- Protection visa refusal (detained): typically 14 days
- Character-related cancellations: sometimes as short as 9 days
These deadlines are extremely strict. In most migration matters, the tribunal has no power to extend time, even for compelling circumstances.
If the ART dismisses an application
An application may be dismissed if the applicant:
- Fails to attend a hearing
- Does not comply with directions
- Withdraws the application
- Fails to respond to tribunal correspondence
Reinstatement may be possible, but there is no universal statutory timeframe. The dismissal notice will specify whether reinstatement is available and how to request it. In practice, any request must be made promptly and supported by a reasonable explanation.
II. Federal Circuit and Family Court of Australia (Division 2): Judicial Review
If the ART affirms the refusal or cancellation, the next step is judicial review, not another merits review.
Most migration judicial review cases are heard in the Federal Circuit and Family Court of Australia (FCFCOA), Division 2.
Importantly, the court does not reconsider the facts of the visa application. It examines whether the tribunal made a legal error, such as a jurisdictional error or a denial of procedural fairness.
Time limit to file a judicial review
An application for judicial review must generally be lodged within:
35 days from the date of the Administrative Review Tribunal (ART)’s decision
This deadline arises under the Migration Act and is strictly applied. Extensions of time are possible but difficult to obtain and require strong justification.
III. Dismissal for Non-Appearance in the FCFCOA
Court proceedings can be dismissed if the applicant:
- Fails to attend a hearing
- Does not comply with court directions
- Does not actively pursue the case
Reinstatement timeframe: the 21-day rule
Under the FCFCOA (Division 2) Rules 2021, an applicant who wishes to set aside a dismissal and reinstate the proceeding generally must apply:
Within 21 days of the dismissal order
To succeed, the applicant typically must file an interlocutory application supported by an affidavit explaining:
- Why did they not attend
- When they became aware of the dismissal
- What steps did they take afterwards
- Evidence supporting their explanation
The court will consider whether the explanation is reasonable, whether the application was made promptly, and whether the underlying case has arguable merit.
Applications filed after 21 days may still be considered, but only if an extension of time is granted, which is not guaranteed.
IV. Federal Court of Australia: Appeals on Questions of Law
If the FCFCOA (Division 2) dismisses or determines the judicial review, a further appeal may be made to the Federal Court of Australia.
This appeal is generally limited to questions of law.
The 28-day appeal period
A notice of appeal to the Federal Court must usually be filed within:
28 days from the date of the FCFCOA judgment or order
This timeframe does not relate to tribunal applications or reinstatement requests. It applies specifically to appeals from the lower federal court to the Federal Court.
If the deadline is missed, the appellant must seek an extension of time and provide a satisfactory explanation for the delay, together with evidence that the appeal has reasonable prospects of success.
Putting It All Together: Key Migration Time Limits
Understanding how these deadlines interact is crucial:
- Tribunal merits review application: often 9–28 days, depending on decision type
- Judicial review in FCFCOA Division 2: 35 days from tribunal decision
- Reinstatement after court dismissal: generally within 21 days
- Appeal to the Federal Court: 28 days from the FCFCOA decision
Each stage involves a different body, a different legal function, and a different statutory or procedural timeframe.
Quick reference of key migration time limits
| Stage | Body | Time Limit |
|---|---|---|
| I. Apply to ART (merits review) | ART | Usually 28 days |
| II. Judicial review | FCFCOA Div 2 | 35 days from ART decision |
| III. Reinstatement after court dismissal | FCFCOA Div 2 | ~21 days (general rule) |
| IV. Appeal | Federal Court | 28 days |
Why These Deadlines Matter
Migration law prioritises finality and administrative efficiency. Courts repeatedly emphasise that applicants must act promptly and diligently. Missing a deadline can result in:
- Loss of review rights
- Becoming unlawful in Australia
- Loss of associated bridging visas
- Limited remaining options (such as ministerial intervention)
Professional advice should be sought as early as possible after receiving a refusal, cancellation, or court decision.
Final Thoughts
Australia’s migration review system operates as a strict sequence: merits review by the tribunal, judicial review in the FCFCOA, and limited appeals to the Federal Court. Each step is governed by precise deadlines that leave little room for error.
For applicants and those assisting them — including interpreters and community workers — understanding these time limits is not merely procedural knowledge. It can determine whether a person retains any legal pathway to remain in Australia.
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