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
- 16 May 2022:
Ferdinands v Registrar Cridland [2022] FCAFC 80
ADMINISTRATIVE LAW -- concurrent appeals - appellant lodging documents for filing - Registrars rejecting the documents under r 2.26 of the Federal Court Rules 2011 (Cth) - primary judge dismissing applications for judicial review of the Registrars' decisions --primary judge concluding that the Registrars did not err in characterising the documents …
Judge: Charlesworth, Burley and Cheeseman JJ - 16 May 2022:
Bethell v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 83
MIGRATION - appeal from decision of primary judge dismissing Mr Bethell's application for habeas corpus -unlawful non-citizen - detention pending removal from Australia - where s 189 of Migration Act 1958 (Cth) requires unlawful non-citizen be detained - where s 196 requires unlawful non-citizen detained under s 189 be kept in immigration…
Judge: Bromwich, Lee and Stewart JJ - 16 May 2022:
QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 82
MIGRATION - appeal from Federal Court of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal to affirm delegate's decision not to revoke mandatory cancellation of visa pursuant to s 501(3A) of the Migration Act 1958 (Cth) - whether Tribunal failed to actively consider appellant's representations -…
Judge: Sc Derrington, O'Bryan and Abraham JJ
Latest Speeches & Papers
- 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. - 4 Sep 2019:
Of shields and swords - let the jousting begin!
Presented at Freedom19 Conference, Sydney, by Justice Sarah Derrington.
Related links
Interpreters & Translators
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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:
