Instructions for completion

Application – Migration Act

1. This form is used for commencing a proceeding under section 476 of the Migration Act 1958 (Cth),
including where an extension of time is also sought under section 477.
2. You must complete address for service details in the footer on page 1. All correspondence
concerning the application will be sent to the email address or mailing address inserted, and all
documents in the proceedings will be deemed to have been served on you if emailed or posted to
that address. If your address details change, you must file a notice of address for service within
seven days and serve a copy on all other parties: see rule 6.02 of the Federal Circuit and Family
Court of Australia (Division 2) (General Federal Law) Rules 2021 (the Rules).
3. Each ground of the application must identify a jurisdictional error, being a serious error in the way
the decision affecting you was made. Particulars of each ground must be provided which are
sufficient to allow the Court to understand how each ground relates to the decision, the reasons for
decision, the circumstances of the decision, or the procedures concerned with the making of the
decision, as the case may be.
4. The applicant must file one or more affidavits attaching a copy of the decision and any statement of
reasons, and including any other evidence relied upon. If an extension of time is sought, the
affidavit must include evidence explaining the delay and showing why the applicant considers that it
is necessary in the interests of the administration of justice for the Court to grant an extension (see
subsection 477(2) of the Migration Act).
5. If your application is for an extension of time or other interlocutory, interim or procedural orders in a
proceeding which has already commenced, you should use the Application in a Proceeding form.
6. Unless the Court orders otherwise, an application and other documents filed with it may not be
served less than seven days before the day fixed for the hearing of the application: see rule 6.19 of
the Rules. Service must be by hand, unless the Rules allow otherwise or the Court otherwise
orders. The application and other documents may be served by delivering them to the Department
of Home Affairs. If you are completing this application by hand and you need more space in any
section, attach extra page/s as required.
7. Once complete, you need to file the original and a copy of this application for each party to the
matter with the court registry. The Court will keep the original and return the sealed copies to you.
You will need to serve a copy on the other party or parties and keep a copy for your records.

Remove this instruction sheet before filing

IN THE FEDERAL CIRCUIT AND File number
FAMILY COURT OF AUSTRALIA
REGISTRY: ..................................................

..................................................................
Applicant(s)
Pseudonym(s) for Applicant(s)
[Registry use only]

MINISTER FOR IMMIGRATION, CITIZENSHIP

AND MULTICULTURAL AFFAIRS
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL [or]

IMMIGRATION ASSESSMENT AUTHORITY [or]
OTHER NAMED PERSON [delete as applicable]
Second Respondent

Application – Migration Act

The applicant applies for a remedy to be granted in exercise of the Court’s jurisdiction under section
476 of the Migration Act 1958 in respect of the migration decision specified on page 2.

First court date

This application is listed for hearing at (court location): ..........................................................................

Court date and time (registry staff to insert): at am/pm.

All parties or their legal representatives should attend this hearing. Default orders may be made if any
party fails to attend. The Court may hear and determine all interlocutory or final issues, or may give
directions for the future conduct of the proceeding.

Filed on behalf of MUHAMMAD FARHAN ABBASI (for) Registrar

Prepared by APPLICANT Lawyer’s code      
Date: ........../.........../..............
Name of law firm      
Address for service in Australia 31 MATIPO STREET DOVETON VIC 3177
Stat       Postcod 3177
e e
Email abbasifarhan8@gmail.com DX      
Tel       Fax       Attention      

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Applicant/s address (place of residence or business, if different from the address for service)

31 MATIPO STREET DOVETON VIC 3177....................................................................................

...........................................................................................................................................................

Applicant/s details
Is the applicant or are any of the applicants to this proceeding currently in immigration detention?
☐ Yes ☒ No

Name and address of the detention centre: .......................................................................................

...........................................................................................................................................................

Expedited hearing (specify why the applicant believes their hearing should be expedited)

...........................................................................................................................................................

...........................................................................................................................................................

...........................................................................................................................................................

Migration decision details (select box and insert details of the migration decision)
☐ Decision made by a tribunal
Name of the tribunal: ..................................................................................................................
Date of the decision: ......27..../.....10....../......2022........
Have you applied for a protection visa?

☒ Yes ☐ No

☐ Immigration Assessment Authority

Date of the decision: ………../……/…………..

☐ Decision made by the Minister or another person under the Migration Act.

Name of decision-maker: CHACE R............................................................................................

Office held: MELBOURNE..........................................................................................................
Date of the decision: .....27...../.....10....../.....2022.........

☐ A future decision or other action by the Minister or an officer under the Migration Act.

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Application for extension of time
(an extension is required if the application is not made within 35 days of the date of the migration decision)

Does the applicant apply for an order that the time for making the application be extended under
section 477 of the Migration Act 1958?

☐ Yes ☒ No

Grounds of application

 That I came to Australia on 14 April 2013 on a student (Class TU subclass 573)

Higher Education Sector Visa. This visa was granted for me to undertake a General English
course followed by a Bachelor of Computer Systems.

 That I completed the English course However the Box hill TAFE was not satisfied with my
progress and did not allow me to start with my bachelors.

 That I thought that this instead of taking admission in the English again I should change my
provider and spend my time doing bachelor rather than English. For this I took admission in
(Melbourne Institute of Technology) MIT for Bachelor of information Technology system.

 That I tried my best to cope up with the course but was unable to keep pace with the course
progress and failed in most of the subjects. 

 That I discussed my options with the course co-ordinator who suggested me to take admission
in the Diploma of Information Technology as she found that the  needs to have better
understanding of some basic subjects which were part of the Diploma. 

 That I took admission in the Diploma of Information Technology in Southern Cross Education
Institute. This course was completed in July 2016. Meanwhile the I also got enrolled in the
Bachelor of Information Technology system.   

 This time  I made good progress in the course and passed in majority of the units. 

 That at the start of the second semester the I got news from my home country that my mother
is seriously ill and she need to go through a heart surgery. I am very near to my mother and
due to this news, I was not able to cope up with his studies and failed in the semester. 

 That at the same time they  had to apply for a student visa to continue my studies in the
Bachelor. Then my fees got late,  admission got cancelled and my application for the student
visa got refused. 

 That I appealed the decision in the AAT and meanwhile tried to arrange a new COE. However,
the i was not able to take admission in a Bachelor course as I was having only bridging visa
(BVA) and most of the institute did not recognise the same for enrolment.

 That I also took admission in Advance diploma in Information Technology from Southern

Cross Education Institute. My admission got cancelled because I was not having ITR. I tried to
take admission in other institutes but was unable to do so. 

 That the AAT remitted my application and was granted a student visa by the department. Then
i took admission in Academies Australasia Polytechnic in Advance Diploma of Information
Technology. Meanwhile i went to home country and when I came back, I become homesick
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 and again was not able to cope up with the studies. I informed the college about my  mental
state but the college did not consider it and cancelled my COE. 

 That again, my visa was about to expire and I applied for another student visa which
was again rejected because i did not attached the fund then  I appealed the decision in AAT
and had to take COE of Diploma of Leadership Management from Angad Institute to save my
student visa appeal. 

 That AAT remitted the decision  then department given me  a s57 notice by the department
then u send them my situation again they rejected my visa then again I applied for AAT during
that time I studied in Angad institute I pay my fees there when I finished my course I went
there to get my certificate from them they ask me we cancelled your Coe because u didn’t pay
the fees which is almost $1000 according to me I paid my fees and ask them how come I take
my classes and done the course even they didn’t send me any warning letter any call or email
and their college manager also get changed in march 2022 I finished my course I submit all
my assignments and everything I toom online classes then I went again to college I ask them I
am happy to pay my fees if u can check with accounts department then they ask me now you
didn’t get the certificate because our course is also get changed which is quite depressing for
me during that time I gone through a lot with AAT and covid all over the world then I apply for
Cookery many colleges because am on AAT lots of collages refuses to give admissions on
BVA during that I got my shoulder injury which I attached medical proofs as an evidence and
then after got two times covid so in shirt during Covid and lock down I had very bad time to
gone through all this. 

 That I  want to study Cookery which is my passion and want to finish on my time and because
IT is quite difficult for me to cop up with that so please grant me visa so i can achieve
my  ultimate Goal.

 That I have suffered many ups and downs in the previous years in my studies and my
personal life which have ruined me in many ways. 
 3. So sir got admission in Cookery
Conclusion:

That I have gone through a lot in past years. Now, I want to find my courses to achieve my  aim. The
conditions of any visa are for keeping the Australian Visa system free of non-genuine students but at
the same time the department gives special consideration to me  suffer due to circumstances
beyond my control. I appeal to the case officer to please, consider my circumstances as exceptional
and grant me the student visa. I’m going to attach my COE and others documents as evidence.

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Other Court Proceedings
(This section must be completed if the applicant has made a previous application or applications to a court to
review the decision – see section 486D of the Migration Act 1958.)
Person or persons who made each previous application: ..................................................................
Court or courts to which each application was made: ........................................................................
Commencement date of each previous application: ..........................................................................
File number of each application: ........................................................................................................
Outcome of each application: ............................................................................................................

Related Court Proceedings*

(This section must be completed if a separate application has been made arising out of the same
circumstances, for example, by the applicant’s employer or by a family member of the applicant)
Person who has made the related application: ..................................................................................
Court to which the application has been made: .................................................................................
Commencement date of the related application: ...............................................................................
File number of the related application: ...............................................................................................

* Repeat as necessary for additional proceedings

Language spoken
Does the applicant require an interpreter?

☐ Yes ☐ No

If Yes, what language:

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Service of Application
The application must be served on each respondent within 7 days by delivering it to the Department
of Home Affairs at the address below.
[The address will be inserted by the Registry]

Signature of applicant/s or lawyer

Signed by (print name/s)

.............................................................................
☐ the applicant/s or ☐ ..lawyer for the applicant/s

Date: ........../.........../..............

Lawyer’s Certification (see section 486I of the Migration Act 1958)

I, [name], the lawyer filing this document commencing migration litigation, certify that there are
reasonable grounds for believing that this migration litigation has a reasonable prospect of success.

Signature of the lawyer filing application

Date: ........../.........../..............

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 IMPORTANT NOTICE TO RESPONDENT/S
To the respondent(s): Department of Home Affairs
of (the address will be inserted by the Registry):
............................................................................................................................................

A respondent who intends to contest the application must file a response within eight weeks of
service of the application: see rule 29.06(2) of the Federal Circuit and Family Court of Australia
(Division 2) (General Federal Law) Rules 2021. A response must specify each ground of opposition
with particulars, including grounds of objection to competency, previous court proceedings, delay,
etc. Any evidence relied upon must be detailed in or attached to an affidavit.

A respondent who does not intend to contest the application may file a notice of appearance which
submits to the orders of the Court save as to costs.

Form approved by the Chief Judge pursuant to subrule 2.04(1) for the purpose of rule 29.05(1)

MIG_Application_0921V2