Document ID: chunk:federal_register_of_legislation:C2005C00730:clause:1_486c:p1
Version: federal_register_of_legislation:C2005C00730
Segment Type: clause
Provision Reference: sch 1 cl 486C (pt 1/2)
Character Range: 7534–10176

486C  Persons who may commence or continue proceedings in the Federal Court

 (1) Only the persons mentioned in this section may commence or continue a proceeding in the Federal Court that raises an issue (the relevant issue):
 (a) in connection with visas (including if a visa is not granted or has been cancelled), deportation, or removal of unlawful non‑citizens; and
 (b) that relates to the validity, interpretation or effect of a provision of this Act or the regulations;
(whether or not the proceeding raises any other issue).

 (2) Those persons are:
 (a) in the case of a proceeding under Part 8:
 (i) if the decision that gives rise to the relevant issue is covered by paragraph 475(1)(a) or (b)—the applicant in the review by the relevant Tribunal; or
 (ii) if the decision that gives rise to the relevant issue is covered by paragraph 475(1)(c)—the person who is the subject of the decision; or

Note: A person cannot commence or continue a proceeding in respect of a decision covered by subsection 475(2) or (4) because the Federal Court has no jurisdiction in respect of those decisions. See section 485A.
 (b) in the case of any other proceeding:
 (i) a person who is the subject of a visa decision (see subsection (7)) that gives rise to the relevant issue; or
 (ii) a person who is the subject of a deportation decision (see subsection (7)) that gives rise to the relevant issue; or
 (iii) a person who is the subject of a removal action (see subsection (7)) that gives rise to the relevant issue; or
 (iv) a person who may appeal to the Federal Court under section 44 of the Administrative Appeals Tribunal Act 1975 in respect of a visa decision or a deportation decision (see subsection (7)) that gives rise to the relevant issue; or
 (c) in any case:
 (i) the Minister; or
 (ii) the Attorney‑General of the Commonwealth or of a State or Territory; or
 (iii) a person who commences or continues the proceeding in performing the person's statutory functions; or
 (iv) any other person prescribed in the regulations.

Scope of rule

 (3) This section applies to proceedings in the Federal Court's jurisdiction under Part 8 of this Act, section 39B or 44 of the Judiciary Act 1903 or any other law.

 (4) To avoid doubt, nothing in this section allows a person to commence or continue a proceeding that the person could not otherwise commence or continue.

Relationship with other laws

 (5) This section has effect despite any other law.

 (6) However, subsection (5) does not apply to a provision of an Act if the provision:
 (a) commences after this section commences; and
 (b) specifically states that it applies despite