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 Nov 2024:
BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1317
MIGRATION - appeal from Federal Circuit and Family Court of Australia (Div 2) - where Administrative Appeals Tribunal (Tribunal) affirmed a decision of the delegate of the Minister refusing to grant the appellant a protection visa - where court below dismissed an application for judicial review - appeal by way of rehearing under s 24(1)(d) of the…
Judge: O'Bryan J - 15 Nov 2024:
IXW24 v Commonwealth of Australia [2024] FCA 1328
MIGRATION - application for interlocutory relief to restrain the Commonwealth from continuing to detain the applicant until the determination of his claim for habeas corpus - where interlocutory relief sought on specified conditions in relation to the applicant's residence, curfew and reporting obligations - whether the Court has power to order…
Judge: Horan J - 15 Nov 2024:
JLW24 v Minister for Immigration and Multicultural Affairs [2024] FCA 1319
MIGRATION - judicial review application of adverse security assessment made by the Director-General of Security for the purposes of a decision by the Minister for Immigration and Multicultural Affairs to cancel the applicant's visa under s 128 of the Migration Act 1958 (Cth) - content of the Director-General's duty to afford the applicant…
Judge: Perry 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:
