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
- 16 May 2025:
Lam v Minister for Immigration and Multicultural Affairs [2025] FCA 506
MIGRATION — appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing applications for judicial review of a decision of the Administrative Appeals Tribunal — where the appellant had failed to satisfy cl 407.214 of Schedule 2 to the Migration Regulations 1994 (Cth) — where the Tribunal found it had no…
Judge: O'SULLIVAN J - 16 May 2025:
Eswaran v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 496
MIGRATION – Application for judicial review of a migration decision – Where the Minister exercised the power under s 501BA(2) of the Migration Act 1958 (Cth) –Whether the migration decision is attended by jurisdictional error because the exercise of the power in s 501BA(2) is constrained by an implied time limit with which the Minister failed to…
Judge: LONGBOTTOM J - 5 May 2025:
Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 494
MIGRATION – application for judicial review of migration decision – leave granted for amendment of originating application – whether Tribunal failed to consider protection of Australian community and/or ongoing risk – whether Tribunal erred in failing to comply with Ministerial Direction 99 – ground rejected on current authorities as they stand –…
Judge: JACKMAN J
Latest Speeches & Papers
- 7 Feb 2025:
State and Federal Courts on Constitutional Law in 2024
Paper delivered at G+T Centre of Public Law Constitutional Law Conference 2025, Sydney
- 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
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:
