Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 476A

  (1)   Despite any other law, including section   39B of the Judiciary Act 1903 and section   8 of the Administrative Decisions (Judicial Review) Act 1977 , the Federal Court has original jurisdiction in relation to a migration decision if, and only if:

  (a)   both:

  (i)   the Federal Circuit and Family Court of Australia (Division   2) transfers a proceeding pending in that court in relation to the decision to the Federal Court under section   153 of the Federal Circuit and Family Court of Australia Act 2021 ; and

  (ii)   the Federal Court confirms the transfer under section   32AD of the Federal Court of Australia Act 1976 ; or

  (b)   the decision is a privative clause decision, or a purported privative clause decision, of the Administrative Appeals Tribunal on review under section   500; or

  (c)   the decision is a privative clause decision, or purported privative clause decision, made personally by the Minister under section   501, 501A, 501B, 501BA, 501C or 501CA; or

  (d)   the Federal Court has jurisdiction in relation to the decision under subsection   44(3) or 45(2) of the Administrative Appeals Tribunal Act 1975 .

Note:   An appeal in relation to any of the following migration decisions cannot be made to the Federal Court under section   44 of the Administrative Appeals Tribunal Act 1975 :

(a)   a privative clause decision;

(b)   a purported privative clause decision;

(c)   an AAT Act migration decision.

  In addition, reference of a question of law arising in relation to a review of any of the proceedings mentioned in paragraph   (a), (b) or (c) cannot be made by the Tribunal to the Federal Court under section   45 of the Administrative Appeals Tribunal Act 1975 .

  The only migration decisions in relation to which an appeal under section   44 of that Act, or a referral under section   45 of that Act, can be made to the Federal Court are non - privative clause decisions.

  (1A)   To avoid doubt, the Federal Court does not have original jurisdiction in relation to a migration decision under subsection   (1) in respect of proceedings that are transferred to the Federal Court under section   32AC of the Federal Court of Australia Act 1976 .

  (2)   Where the Federal Court has jurisdiction in relation to a migration decision under paragraph   (1)(a), (b) or (c), that jurisdiction is the same as the jurisdiction of the High Court under paragraph   75(v) of the Constitution.

  (3)   Despite section   24 of the Federal Court of Australia Act 1976 , an appeal may not be brought to the Federal Court from:

  (a)   a judgment of the Federal Circuit and Family Court of Australia (Division   2) that makes an order or refuses to make an order under subsection   477(2); or

  (b)   a judgment of the Federal Court that makes an order or refuses to make an order under subsection   477A(2).

  (4)   Despite section   33 of the Federal Court of Australia Act 1976 , an appeal may not be brought to the High Court from a judgment of the Federal Court that makes an order or refuses to make an order under subsection   477A(2).

  (5)   In this section:

"judgment" has the same meaning as in the Federal Court of Australia Act 1976 .