Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 476

             (1)  Subject to this section, the Federal Magistrates Court has the same original jurisdiction in relation to migration decisions as the High Court has under paragraph 75(v) of the Constitution.

             (2)  The Federal Magistrates Court has no jurisdiction in relation to the following decisions:

                     (a)  a primary decision;

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

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

                     (d)  a privative clause decision or purported privative clause decision mentioned in subsection 474(7).

             (3)  Nothing in this section affects any jurisdiction the Federal Magistrates Court may have in relation to non‑privative clause decisions under section 8 of the Administrative Decisions (Judicial Review) Act 1977 or section 44AA of the Administrative Appeals Tribunal Act 1975 .

             (4)  In this section:

"primary decision" means a privative clause decision or purported privative clause decision:

                     (a)  that is reviewable under Part 5 or 7 or section 500 (whether or not it has been reviewed); or

                     (b)  that would have been so reviewable if an application for such review had been made within a specified period.