Calculate a tribunal review deadline from the notification letter
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the notification letter, extract the decision type, the date the letter says the person was notified, any time limit printed on the letter, whether the letter says the person is in immigration detention, and whether it says the Minister made the decision personally. Do not calculate the last day and do not pick the form.
- What the lawyer must review
- The lawyer identifies the review class on the Administrative Review Tribunal's immigration and citizenship page and fixes the last day. For a migration visa refusal or cancellation other than protection, character, or a business-visa cancellation under section 134, the page says the time limit depends on the decision type and on detention, that it is printed in the Department's letter, and that the Tribunal has no power to extend it. The fee for most such reviews is stated as $3,727, with no fee for a bridging-visa decision that resulted in detention or a refusal of a subclass 070 visa without a prescribed condition. Forms M1, M2 and B1 are named. For a protection visa, the page again says there is no power to extend time, no fee is payable at lodgement for a refusal, cancellation or a section 197D decision, and a fee of $2,293 is payable within 7 days of an invoice if the review is unsuccessful, unless the Department referred the decision. For a character decision under section 501 or 501CA made while the person was in Australia, the page says the review is expedited, the application must be made within 9 days, time cannot be extended, and the Tribunal will decide within 84 days of notification. A non-expedited character review is usually 28 days and an extension can be sought. The standard character fee is stated as $1,195. The page says the Tribunal cannot review a section 501 or 501CA decision made by the Minister personally, and cannot review a mandatory cancellation under section 501(3A) until the person has applied to the Department for revocation. For citizenship, the page says the application is usually due 28 days after notification, an extension can be sought in writing, and the standard fee is $1,195, which must be paid before the review starts. Nomination and sponsorship reviews are in further sections of the same page: the letter states the limit, and the page says the Tribunal has no power to extend it.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the notification letter, extract the decision type, the date the letter says the person was notified, any time limit printed on the letter, whether the letter says the person is in immigration detention, and whether it says the Minister made the decision personally. Do not calculate the last day and do not pick the form. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not apply one period to every letter. Protection, character, citizenship and other migration decisions are separate sections of the Tribunal's page.
- If the letter says the Minister made a character decision personally, stop. The page says that decision cannot be reviewed.
- For a mandatory cancellation, check whether the person has first sought revocation from the Department. The page says the Tribunal cannot review the cancellation itself.
- Use a fee figure only after the lawyer has matched the decision to the section of the page that states it. The page gives $3,727, $1,195 and $2,293 for different decisions.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.