Document ID: chunk:federal_register_of_legislation:C2004A00906:clause:1_476
Version: federal_register_of_legislation:C2004A00906
Segment Type: clause
Provision Reference: sch 1 cl 476
Character Range: 8852–10975

476  Federal Court does not have any other jurisdiction in relation to certain privative clause decisions

 (1) Despite any other law, including sections 39B and 44 of the Judiciary Act 1903, the Federal Court does not have any jurisdiction in relation to a primary decision.

 (2) Despite any other law, including sections 39B and 44 of the Judiciary Act 1903, the Federal Court does not have any jurisdiction in respect of a decision of the Minister not to exercise, or not to consider the exercise, of the Minister's power under subsection 37A(2) or (3), section 48B, paragraph 72(1)(c), section 91F, 91L, 91Q, 345, 351, 391, 417 or 454.

 (2A) Despite any other law, including sections 39B and 44 of the Judiciary Act 1903, the Federal Court does not have any jurisdiction in respect of:
 (a) a decision of the Principal Member of the Migration Review Tribunal or of the Principal Member of the Refugee Review Tribunal to refer a matter to the Administrative Appeals Tribunal; or
 (b) a decision of the President of the Administrative Appeals Tribunal to accept, or not to accept, the referral of a decision under section 382 or 444.

 (2B) Despite any other law, including sections 39B and 44 of the Judiciary Act 1903, the Federal Court does not have any jurisdiction in respect of a decision of the Minister under Division 13A of Part 2 to order that a thing is not to be condemned as forfeited.

 (4) Despite section 44 of the Judiciary Act 1903, the High Court must not remit a matter to the Federal Court if it relates to a decision or matter in respect of which the Federal Court would not have jurisdiction because of this section.

 (5) The reference in subsection (2) to section 345 is a reference to section 345 of this Act as in force before the commencement of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 1998.

 (6) In this section:

primary decision means a privative clause decision:
 (a) that is reviewable, or has been reviewed, under Part 5 or 7 or section 500; or
 (b) that would have been so reviewable if an application for such review had been made within a specified period.