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
- 31 Aug 2026:
Rodrigo Gomes Da Silva v Minister for Immigration and Citizenship [2026] FCA 1277
MIGRATION – application for judicial review of the Minister’s exercise of the power in s 501BA(2) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and cancel the applicant’s visa – where the Minister’s decision was made 5 years, 4 months and 25 days after the Tribunal’s decision – where the applicant…
Judge: THAWLEY J - 31 Aug 2026:
LKQD v Minister for Immigration and Citizenship [2026] FCA 1270
MIGRATION – application for judicial review of decision of Administrative Review Tribunal affirming refusal to grant Protection visa under s 501(1) of the Migration Act 1958 (Cth) – applicant unable presently to be removed and remaining in Australian community on Bridging (Removal Pending) visa – Direction No 110 – protection of Australian…
Judge: LEE J - 30 Jul 2026:
IKL26 v Operator, National Redress Scheme [2026] FCA 1185
ADMINISTRATIVE LAW – where applicant applied to the respondent for redress under the National Redress Scheme for Institutional Child Sexual Abuse Act (Cth) – where a delegate of the respondent determined not to approve the application – where a review determination affirmed the original determination – where the applicant applies to review the…
Judge: MEAGHER 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:
