# Limited jurisdiction of the Federal Court

> act-s476A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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) both:
                       (i) the Federal Circuit and Family Court of Australia
                           (Division 2) transfers a proceeding pending in that court
                           in relation to the decision to the Federal Court under
                           section 153 of the Federal Circuit and Family Court of
                           Australia Act 2021; and
                      (ii) the Federal Court confirms the transfer under
                           section 32AD of the Federal Court of Australia Act
                           1976; or
                (b) the decision is a privative clause decision, or a purported
                     privative clause decision, of the ART 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 section 176 (Federal Court has jurisdiction) or
                     subsection 185(3) (referring questions of law) of the ART
                     Act.
               Note:      The Federal Court’s jurisdiction referred to in paragraph (d) is limited:
                          see section 474AA.

        (1A) To avoid doubt, the Federal Court does not have original
             jurisdiction in relation to a migration decision under subsection (1)
             in respect of proceedings that are transferred to the Federal Court
             under section 32AC of the Federal Court of Australia Act 1976.
          (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 and Family Court of
                    Australia (Division 2) 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.