Is this your situation?
The appeal period has passed and you want to know if there is any way to lodge a late application with the ART.
The short answer
For most migration reviews at the ART, the answer is no. The prescribed time period is set by the Migration Act and Migration Regulations. The Tribunal does not have discretion to extend it, regardless of the reason for the delay.
Some other jurisdictions and some non-migration divisions of the ART allow late applications in certain circumstances. But for standard visa refusal reviews under Part 5 or Part 7 of the Migration Act, the time limit is absolute.
What you should do instead
Do not waste time trying to lodge with the ART if the deadline has clearly passed. Instead, get advice immediately on whether judicial review or ministerial intervention is appropriate for your case. Each of these has its own timeframes and requirements, and delaying further only narrows your options more.
Judicial review applications also have time limits (35 days for most migration decisions), so if you have missed the ART deadline, check immediately whether you are still within the judicial review window.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) will assess your remaining options quickly. Call (07) 3519 7009.
FAQ
Q: My agent did not tell me about the deadline. Can I still lodge?
The deadline applies to you regardless of whether your agent informed you. You may have a complaint against the agent, but that does not restore your review rights.
Q: Is there any court that can order the ART to accept a late application?
The Federal Court could potentially intervene if there was a jurisdictional error in how the time limit was calculated. But the court cannot simply override the statutory time limit.
