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 Appeals Tribunal (AAT), 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
- 24 Jan 2023:
Pearson v Minister for Home Affairs (No 2) [2023] FCAFC 4
MIGRATION - application for review of decision of Administrative Appeals Tribunal to affirm decision of delegate of Minister for Home Affairs to mandatorily cancel visa on character grounds - where mandatory cancellation found to be invalid COSTS - where applicant enjoyed mixed success on grounds of appeal but where appeal ultimately successful -…
Judge: Allsop CJ, Rangiah and Sarah C Derrington JJ - 24 Jan 2023:
BGV19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 22
MIGRATION - appeal from orders made by the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the second respondent (Authority) - whether the Authority erred by failing to consider the consequences that may befall the appellant were he to return to Iran irregularly in circumstances where the appellant …
Judge: Markovic J - 24 Jan 2023:
NRFX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 21
MIGRATION - Application for extension of time to review decision of the Minister to cancel applicant's visa under s 501BA(2) of the Migration Act 1958 (Cth) - where Minister set aside decision of AAT - whether Minister's state of satisfaction that cancellation was in the national interest was reached reasonably - whether the Minister misconceived…
Judge: Rangiah J
Latest Speeches & Papers
- 28 Oct 2022:
"March in the guilty bastard"? - Administrative action and military discipline
Paper delivered to the Advanced Military Administrative Law Course, University of Adelaide. - 8 Oct 2022:
Australian Courts and the Extraterritorial Operation of Laws – Consumer and Competition Laws
A paper presented to the Australian Judicial Officers Association 2022 Colloquium - 20 Jul 2022:
There runs the quick perspective of the future: Where to from here?
Robert French AC Oration delivered on 20 July 2022: There runs the quick perspective of the future: Where to from here?
Related links
Interpreters & Translators
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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 Appeals 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 Appeals Tribunal Act 1975 (Cth)
Human Rights
More LegislationSelf-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:
