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
- 10 Sep 2026:
Mukhtar v Minister for Immigration and Citizenship [2026] FCA 1337
MIGRATION – judicial review – personal decision of Minister to cancel visa under s 501A(2) of the Migration Act 1958 (Cth) – procedural fairness – Minister considered cost or burden to community in terms of law enforcement when assessing seriousness of offending – obvious and natural evaluation of disclosed material – no denial of procedural…
Judge: CHEESEMAN J - 27 Aug 2026:
JYE26 v KAB26 [2026] FCA 1250
PRACTICE AND PROCEDURE – application for non-publication order over originating application and pleadings – s 37AF of the Federal Court of Australia Act 1976 (Cth) and r 2.32 of the Federal Court Rules 2011 (Cth) – where pleadings filed – where mediation completed – where parties had agreed to settle proceeding – where parties’ deed of settlement…
Judge: MEAGHER J - 24 Aug 2026:
Ratapu v Minister for Immigration and Citizenship [2026] FCA 1330
MIGRATION – application for an urgent interlocutory injunction to restrain the first respondent from removing the applicant – where applicant filed an extension of time application for judicial review of decision of the Administrative Review Tribunal – whether there is a serious question to be tried or prima facie case – whether balance of…
Judge: HESPE J
Latest Speeches & Papers
- 14 Oct 2025:
The ART’s achievements in its first 12 months
Speech by Justice Kyrou at the ART’s first anniversary celebration on 14 October 2025 in Sydney
- 28 Aug 2025:
The inside story of the enactment of the Public Notaries Act 2001
Speech by Justice Kyrou, President of Administrative Review Tribunal, at the Annual Dinner of the Society of Notaries of Victoria
- 6 Aug 2025:
Literature, lawyers and liberty
Remarks to the Chartered Institute of Arbitrators Australia Masterclass, Sydney
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:
