Where to find the deadline for merits review

It is commonly said that s 347 of the Migration Act 1958 (Cth) prescribes the deadline for application for merits review of decisions that are reviewable under s 338. Actually, the deadline is found somewhere else.

Subsection 347(1) of the Migration Act 1958 (Cth) provides as follows:

Section 347    Application for review of Part 5-reviewable decision

(1)  An application for review of a Part 5-reviewable decision must:

(a)  be made in the approved form; and

(b)  be given to the Tribunal within the prescribed period, being a period ending not later than:

(i)  if the Part 5-reviewable decision is covered by subsection 338(2), (3), (3A), (4) or (7A) — 28 days after the notification of the decision; or

(ii)  if the Part 5-reviewable decision is covered by subsection 338(5), (6), (7) or (8) — 70 days after the notification of the decision; or

(iii)  if the Part 5-reviewable decision is covered by subsection 338(9) — the number of days prescribed, in respect of the kind of decision in question prescribed for the purposes of that subsection, after the notification of the decision; and

...

The above timeframes (28 days, 70 days, etc) does not reflect the actual deadline for making a valid merits review application. The actual deadline is found in the following provisions.

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