Section 476 — Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)

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 ART 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;

(ca) a non-privative clause decision mentioned in subsection 474(4A);

(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 179 of the ART Act.

(4) In this section: primary decision means a privative clause decision or purported privative clause decision:

(a) that is reviewable under by application under Part 5 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.