Administrative and Constitutional Law & Human Rights
About this NPA
The Administrative and Constitutional Law and Human Rights National Practice Area (NPA) comprises:
- matters concerning the judicial review of decisions and conduct involving Commonwealth enactments and powers on grounds relating to the legality, rather than the merits, of the decision, including judicial review applications:
- pursuant to s 39B of the Judiciary Act 1903 (Judiciary Act)
- under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act)
- under ss 476A and 476B(3) of the Migration Act 1958
- appeals on questions of law from the Administrative Review Tribunal (ART), the Superannuation Complaints Tribunal and the National Native Title Tribunal (NNTT)
- complaints about unlawful discrimination no longer being dealt with by the Australian Human Rights Commission
- matters concerning the Australian Constitution.
Latest Judgments
- 18 Dec 2024:
PLQF v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1483
MIGRATION - where the Minister decided under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal on the basis that cancelling the Applicant's visa was in the national interest - whether compliance with the procedures attending Regulation 2.20A of the Migration Regulations 1994 (Cth) was a legal…
Judge: Perram J - 18 Dec 2024:
Ma v Secretary, Department of Social Services [2024] FCA 1467
PRACTICE AND PROCEDURE - appeal on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) - whether notice of appeal raises questions of law - where some questions sought impermissible merits review ADMINISTRATIVE LAW - whether no evidence for concluding that the applicant failed to satisfy the activity test - whether …
Judge: Perry J - 18 Dec 2024:
Chikweu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1478
MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal affirming delegate's decision to refuse appellant's application for student visa - Tribunal made an error of law by failing to consider evidence of financial…
Judge: Feutrill J
Latest Speeches & Papers
- 17 Sep 2024:
The arbitration jurisdiction of the Federal Court of Australia
held at Minter Ellison, the Society of Construction Law Talk in Sydney
- 1 Jul 2024:
What in practical terms is likely to change in how federal merits review is conducted?
Paper delivered at the Law Council's ART Transition seminar series, Melbourne by Justice Kyrou.
- 6 Jun 2024:
The art of merits review – Significant changes to membership provisions
Paper delivered at the 2024 COAT Annual Conference, Brisbane by Justice Kyrou.
Related links
Interpreters & Translators
The Australian Government's Translating and Interpreting Service can supply telephone or on-site interpreting.
It is available 24 hours a day, 7 days a week and is accessible from anywhere in Australia for the cost of a local call by telephoning 131 450.
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Practice Notes
Forms & Rules
The key forms and rules for commencing proceedings are:
Administrative Law:
- An application for judicial review under ss 39B(1) and (1A) the Judiciary Act:
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- An application for judicial review under the ADJR Act:
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- An appeal on a question of law from the Administrative Review Tribunal, Superannuation Complaints Tribunal or National Native Title Tribunal:
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Constitutional Law:
- An application arising under the Australian Constitution or its interpretation:
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Human Rights:
- An application for unlawful discrimination under the Australian Human Rights Commission Act 1986 (Cth)
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Legislation
Administrative & Constitutional Law
- Commonwealth of Australia Constitution Act
- Judiciary Act 1903 (Cth)
- Administrative Decisions (Judicial Review) Act 1977 (Cth)
- Administrative Review Tribunal Act 2024 (Cth)
Human Rights
Self-Represented Litigants
If you are starting a matter or a person has started a matter against you and you do not have legal representation and are conducting the matter and acting for yourself then you are called a self-represented litigant.
The Court has developed a number of resources to assist litigants including:
