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MIGRATION ACT 1958 - SECT 476 Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)

MIGRATION ACT 1958 - SECT 476

Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)

  (1)   Subject to this section, the Federal Circuit and Family Court of Australia (Division   2) 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 Circuit and Family Court of Australia (Division   2) 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, 501BA, 501C or 501CA;

  (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 Circuit and Family Court of Australia (Division   2) 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; or

  (c)   that has been, or may be, referred for review under Part   7AA (whether or not it has been reviewed).

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