Document ID: chunk:federal_register_of_legislation:C2024C00800:section:476a
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 476A
Character Range: 1127827–1130301

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.