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MIGRATION ACT 1958 - SECT 476A

Limited jurisdiction of the Federal Court

             (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)  the Federal Circuit Court transfers a proceeding pending in that court in relation to the decision to the Federal Court under section 39 of the Federal Circuit Court of Australia Act 1999 ; 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.

             (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 Court 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 .



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