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
- 26 Sep 2022:
BHY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1146
MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister not to grant protection visas - denial of procedural fairness by Tribunal - failure to put applicants on notice of…
Judge: McEvoy J - 23 Sep 2022:
CFO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1144
MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing an application for review of a decision by the Immigration Assessment Authority to refuse the applicant a Temporary Protection (subclass 785) visa - where appellant did not appear at the case management hearing or respond to communication in relation to the hearing …
Judge: Thawley J - 23 Sep 2022:
Ramandeep v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1137
MIGRATION - appeal from orders of Federal Circuit Court of Australia dismissing the appellant's application for judicial review of a decision by the Administrative Appeals Tribunal - Tribunal affirmed a decision made by a delegate of the Minister for Home Affairs to refuse to grant the appellant a Regional Employer Nomination (Permanent) (Class…
Judge: Thawley J
Latest Speeches & Papers
- 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? - 21 Oct 2021:
AI and Automated Decision-Making: Are you just another number?
Presented to the Gilbert & Tobin Centre of Public Law, UNSW Law & Justice and the NSW Chapter, Australian Institute of Administrative Law event 'Kerr’s Vision Splendid for Administrative Law: Still Fit for Purpose? – Online Symposium on the 50th - 24 Aug 2021:
Reviewing judicial power for jurisdictional error: Some recent migration cases
Address to the WA Chapter of the Australian Institute of Administrative Law by Justice Colvin.
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 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:
