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.
- 18 Apr 2019:
DVP16 v Minister for Immigration and Border Protection  FCA 539
MIGRATION - application for Protection (Class XA) visa - where Administrative Appeals Tribunal not satisfied that appellant would face serious or significant harm for the reasons claims - where Administrative Appeals Tribunal affirmed decision to refuse to grant the appellant a protection visa - where Federal Circuit Court dismissed appellant's…
Judge: Wigney J
- 18 Apr 2019:
BTU18 v Minister for Home Affairs  FCA 540
MIGRATION - refusal of application for protection visa by a delegate of the Minister for Immigration and Border Protection - where Administrative Appeals Tribunal affirmed decision of the delegate - where Federal Circuit Court dismissed appellant's appeal - where adverse credit findings made against appellant - whether procedural fairness denied - …
Judge: Wigney J
- 18 Apr 2019:
DFQ17 v Minister for Immigration and Border Protection  FCAFC 64
MIGRATION - appeal from Federal Circuit Court - whether Court erred in dismissing appeal from Administrative Appeals Tribunal - where Tribunal found it had no jurisdiction to review application made out of time - where letter notifying of refusal of visa by Minister sent to post office box address - whether post office box address was 'address for …
Judge: Rares, Perram and Farrell JJ
Latest Speeches & Papers
- 15 Feb 2019:
The federal and state courts on constitutional law: The 2018 term
Presented to the Gilbert + Tobin Centre of Public Law, 2019 Constitutional Law Conference, by Justice Moshinsky.
- 29 Nov 2017:
Rationality and reason in administrative law - Would a roll of the dice be just as good?
Presented at the Australian Academy of Law WA Chapter lecture, Perth, by The Hon R French AC.
- 27 Nov 2017:
Judicial review of public and private employment contracts
Presented at the Third National Underlying Law Conference, Papua New Guinea, by Justice Collier
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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Forms & Rules
The key forms and rules for commencing proceedings are:
- An application for judicial review under ss 39B(1) and (1A) the Judiciary Act:
- An application for judicial review under the ADJR Act:
- An appeal on a question of law from the Administrative Appeals Tribunal, Superannuation Complaints Tribunal or National Native Title Tribunal:
- An application arising under the Australian Constitution or its interpretation:
- An application for unlawful discrimination under the Australian Human Rights Commission Act 1986 (Cth)
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 RightsMore Legislation
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: