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)  the Federal Magistrates Court transfers a proceeding pending in that court in relation to the decision to the Federal Court under section 39 of the Federal Magistrates 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 or 501C; 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:          Only non‑privative clause decisions can be taken to the Federal Court under subsection 44(3) of the Administrative Appeals Tribunal Act 1975 (see section 483) .

             (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 Magistrates 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 .