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
- 17 Sep 2025:
AMC18 v Minister for Immigration and Citizenship [2025] FCA 1136
MIGRATION – appeal from decision of Federal Circuit and Family Court (Div 2) – Administrative Appeals Tribunal affirmed refusal of protection visa – whether Tribunal hearing conducted in a manner giving rise to a reasonable apprehension of bias – whether Appellant should be granted leave to raise a new argument challenging a finding that the…
Judge: HILL J - 26 Aug 2025:
McGinn v Australian Information Commissioner (Costs) [2025] FCA 1007
COSTS – costs order outstanding after proceedings stayed by way of vexatious proceedings order – power of Court to make orders for costs in the circumstances COSTS – lump-sum costs order appropriate in standalone application for a stay of proceedings – requirements for making of lump-sum costs order
Judge: NEEDHAM J - 15 Sep 2025:
Lynch v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 1128
MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal not to overturn decision by delegate of the Minister to cancel the applicant's visa under s 501CA of the Migration Act 1958 (Cth) - where applicant alleged jurisdictional error in the Tribunal generally placing greater weight on the protection of the…
Judge: COLVIN J
Latest Speeches & Papers
- 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
- 8 Jul 2025:
Court, Tribunal and other mechanisms to ensure state accountability in Australia
Paper delivered by Justice Kyrou, President of Administrative Review Tribunal, at the Global Summit of Hellenic Lawyers, Athens, Greece
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:
