Section 476B — Remittal by the High Court

476B Remittal by the High Court

(1) Subject to subsection (3), the High Court must not remit a matter, or any part of a matter, that relates to a migration decision to any court other than the Federal Circuit and Family Court of Australia (Division 2).

(2) The High Court must not remit a matter, or any part of a matter, that relates to a migration decision to the Federal Circuit and Family Court of Australia (Division 2) unless that court has jurisdiction in relation to the matter, or that part of the matter, under section 476.

(3) The High Court may remit a matter, or part of a matter, that relates to a migration decision in relation to which the Federal Court has jurisdiction under paragraph 476A(1)(b) or (c) to that court.

(4) Subsection (1) has effect despite section 44 of the Judiciary Act 1903.