Migration Act s 476A — Limited jurisdiction of Federal Court
Text of provision
Refer to the current compilation of the Migration Act 1958 on the Federal Register of Legislation for verbatim text.
Plain English
Section 476A limits when the Federal Court of Australia (FCA) has original jurisdiction to review migration decisions. The FCA's jurisdiction under this section is limited to certain specified circumstances:
- Cases transferred from the Federal Circuit and Family Court of Australia (FCFCA) under s 476;
- Proceedings against the Minister personally (not the Department);
- Cases where the FCFCA has made an order under s 476(3) referring the matter to the FCA;
- Decisions of the Immigration Assessment Authority (IAA) in relation to fast-track reviewable decisions.
In all other cases, applications for judicial review of migration decisions must be commenced in the FCFCA, not the FCA.
Practical effect
Section 476A was introduced as part of a policy to manage the migration caseload in federal courts by channelling most migration judicial review cases to the FCFCA (then the Federal Magistrates Court), which has a simpler and faster procedure. The FCA hears appeals from the FCFCA and cases involving novel or complex questions of law.
For applicants, the practical effect is that a challenge to a tribunal decision (such as an ART decision on a protection visa) is commenced in the FCFCA, not the FCA. Strict time limits apply to FCFCA applications under s 477, and applications to the FCA under s 476A have their own time limits under s 486A.
The FCA has appellate jurisdiction over FCFCA decisions in migration matters under s 24 of the Federal Court of Australia Act 1976, which operates separately from s 476A's original jurisdiction limitation.