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
- 11 Feb 2025:
Higginson v Australian Capital Territory [2025] FCA 66
PRACTICE AND PROCEDURE - application by applicant for leave to file a further amended statement of claim (FASOC) - application by respondent for summary dismissal of the proceeding - where respondent objects to leave to amend being granted on basis that aspects of proposed FASOC - whether breach of lease contract claim discloses any reasonable…
Judge: Bromwich J - 7 Feb 2025:
Dass v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 63
MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - application filed 50 days out of time - application for extension of time sought - delayed legal representation and receipt of Tribunal's reasons - merits considered - application granted. MIGRATION - whether Tribunal erred by not expressly considering …
Judge: Burley J - 7 Feb 2025:
Firme v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 60
MIGRATION - Application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) - Where Tribunal affirmed the decision of a delegate of the Minister not to revoke the mandatory cancellation of the applicant's visa - Whether the Tribunal demonstrated illogicality in its approach to para 8.4(1) of Direction 99 - Whether…
Judge: Meagher J
Latest Speeches & Papers
- 25 Nov 2024:
How the Administrative Review Tribunal supports vulnerable parties
Speech by Justice Kyrou, President of the Administrative Review Tribunal, at the International Association of Refugee and Migration Judges Asia Pacific Chapter Conference
- 8 Nov 2024:
Diversity and accessibility in the ART
Speech delivered by Justice Kyrou, President of the Administrative Review Tribunal, at the Asian Australian Lawyers Association National Cultural Diversity Summit
- 15 Oct 2024:
Pitfalls of decision writing
Paper delivered by Justice Kyrou at a member induction and training program, Melbourne
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:
