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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