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
- 29 Aug 2025:
Chaudhari v Minister for Immigration and Citizenship [2025] FCA 1055
MIGRATION – application for leave to appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application to review a decision of a Registrar of that court – Registrar’s decision to summarily dismiss application for judicial review of a decision of the former Administrative Appeals Tribunal – Tribunal…
Judge: DOWNES J - 1 Sep 2025:
Ives v Minister for Immigration and Multicultural Affairs [2025] FCA 1033
MIGRATION – judicial review of decision of Administrative Review Tribunal not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – applicant contended that Tribunal did not comply with Ministerial Direction No. 110 – whether conviction for dangerous driving occasioning grievous bodily harm was a “violent crime” within…
Judge: OWENS J - 29 Aug 2025:
ALZ18 v Minister for Immigration and Citizenship [2025] FCA 1035
MIGRATION – appeal from Federal Circuit Court of Australia decision dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate not to grant the appellant a protection visa – where the Tribunal’s reasons included paragraphs copied from earlier Tribunal decisions or a…
Judge: CHEESEMAN J
Latest Speeches & Papers
- 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
- 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
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:
