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

> act-s476 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.