Who can apply for ART review etc.
(1) An application for review of a reviewable migration decision may only be made by: (a) for a decision covered by subsection 338(2), (3), (3A), (4) or (7A)—the non‑citizen who is the subject of that decision; or (b) for a decision covered by subsection 338(5) or (8)—the sponsor or nominator referred to in the subsection concerned; or (c) for a decision covered by subsection 338(6) or (7)—the relative referred to in the subsection concerned; or (d) for a decision covered by subsection 338(9)—the person prescribed in respect of the kind of decision in question prescribed for the purposes of that subsection. Note: Section 5G may be relevant for determining family relationships for the purposes of paragraph (c) of this subsection. (2) If the reviewable migration decision is covered by subsection 338(2), (3), (3A) or (4), an application for review may only be made by a non‑citizen who is physically present in the migration zone when the application for review is made. (3) If the reviewable migration decision is covered by subsection 338(7A), an application for review may only be made by a non‑citizen who: (a) was physically present in the migration zone at the time when the decision was made; and (b) is physically present in the migration zone when the application for review is made. (4) An application for review of a reviewable protection decision may only be made by the non‑citizen who is the subject of the decision. (5) An application for review of a reviewable protection decision may only be made by a non‑citizen who is physically present in the migration zone when the application for review is made. (6) This section has effect despite section 17 (who can apply) and section 35 (applications may be made on behalf of a person) of the ART Act.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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