# Multiple parties in migration litigation

> act-s486B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

486B Multiple parties in migration litigation

               Application of section
          (1) This section applies to all proceedings (migration proceedings) in
              the High Court, the Federal Court or the Federal Circuit and
              Family Court of Australia (Division 2) that raise an issue in
              connection with visas (including if a visa is not granted or has been
              cancelled), deportation, taking, or removal of unlawful
              non-citizens.

               Consolidation of proceedings
          (2) Consolidation of any migration proceeding with any other
              migration proceeding is not permitted unless the court is satisfied
              that:
                (a) the consolidation would otherwise be permitted under other
                    relevant laws (including Rules of Court); and








                 (b) the consolidation is desirable for the efficient conduct of the
                     proceedings.
          (3) No appeal lies from a decision by the court not to consolidate
              proceedings under subsection (2).

               Other joint proceedings etc.
          (4) The following are not permitted in or by a migration proceeding:
               (a) representative or class actions;
               (b) joinder of plaintiffs or applicants or addition of parties;
               (c) a person in any other way (but not including as a result of
                   consolidation under subsection (2)) being a party to the
                   proceeding jointly with, on behalf of, for the benefit of, or
                   representing, one or more other persons, however this is
                   described.

               Relationship with other laws
          (5) This section has effect despite any other law, including in
              particular:
               (a) Part IVA of the Federal Court of Australia Act 1976; and
               (b) any Rules of Court.
          (6) However, this section does not apply to a provision of an Act if the
              provision:
                (a) commences after this section commences; and
               (b) specifically states that this section does not apply.

               Exceptions to general rules
          (7) This section does not prevent the following persons from being
              involved in a migration proceeding:
                (a) the applicants in the proceeding and any persons they
                    represent, if:
                      (i) the regulations set out a definition of family for the
                          purposes of this paragraph; and










                      (ii) all of those applicants and other persons are members of
                           the same family as so defined;
                 (b) a person who becomes a party to the proceeding in
                     performing the person’s statutory functions;
                 (c) the Attorney-General of the Commonwealth or of a State or
                     Territory;
                 (d) any other person prescribed in the regulations.