Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 367N — Decision without hearing
(1) The ART must make its decision in the proceeding in relation to an application to be reviewed on the papers: (a) after considering: (i) any submissions, evidence and comments given by the…
Section 368 — ART’s decision and written statement etc.
Written statement must be made (1) If the ART makes a decision on a review, the ART must make a written statement that: (a) sets out the decision of the ART on the review; and (b) includes a…
Section 368A — Notification of ART’s decision
(1) The ART must notify the applicant of a decision on a review by giving the applicant a copy of the written statement made under subsection 368(1). (2) The copy must be given to the applicant: (a)…
Section 368B — Notice of dismissal and reinstatement decisions and when taken to have been made
Decisions to which this section applies (1) This section applies in relation to the following decisions: (a) a decision under the ART Act to dismiss an application for review of a reviewable…
Section 368C — Reinstatement of application or confirmation of dismissal
(1) This section, instead of section 102 of the ART Act, applies if the ART dismisses an application for review of a reviewable migration decision or a reviewable protection decision. (2) If the…
Section 369 — Identifying information relating to reviewable protection decisions not to be published
(1) This section applies to reviewable protection decisions. (2) The ART must not publish information under section 113 of the ART Act which may identify: (a) an applicant for review of a decision;…
Section 374 — How the ART must give certain notices and directions to an applicant
Notification of case event (1) If the ART gives a written notice to an applicant for review of a reviewable migration decision or a reviewable protection decision under subsection 72(1) of the ART…
Section 375 — Restrictions on disclosure of certain information etc.
In spite of anything else in this Act or the ART Act, the Secretary shall not give to the ART a document, or information, if the Minister certifies, in writing, that the disclosure of any matter…
Section 375A — Certain information only to be disclosed to ART
(1) This section applies to a document or information if the Minister: (a) has certified, in writing, that the disclosure, otherwise than to the ART, of any matter contained in the document, or of…
Section 376 — ART’s discretion in relation to disclosure of certain information etc.
(1) This section applies to a document or information if: (a) the Minister: (i) has certified, in writing, that the disclosure of any matter contained in the document, or of the information, would be…
Section 378 — Protected information and documents
(1) An entrusted person must not be required to produce or disclose a protected document, or protected information, to a parliament if: (a) the document or information relates to a reviewable…
Section 379A — Methods by which ART gives documents to a person
Coverage of section (1) For the purposes of provisions of this Part or the regulations that: (a) require or permit the ART to give a document to a person (the recipient); and (b) state that the ART…
Section 379AA — Giving documents by ART where no requirement to do so by specified method
(1) If: (a) a provision of this Act, regulations made under this Act, or the ART Act (as modified by this Act) requires or permits the ART to give a document to a person (other than the Secretary);…
Section 379EA — Giving documents by ART—combined applications
If 2 or more persons apply for a review of a decision together, documents given to any of them in connection with the review are taken to be given to each of them. Note 1: If the ART gives a person a…
Section 379C — When a person other than the Secretary is taken to have received a document from the ART
(1) This section applies if the ART gives a document to a person other than the Secretary by one of the methods specified in section 379A (including in a case covered by section 379AA). Giving by…
Section 379G — Authorised recipient
(1) If: (a) a person (the applicant) applies for review of a reviewable migration decision or a reviewable protection decision; and (b) the applicant gives the ART written notice of the name and…
Section 474 — Decisions under Act are final
(1) A privative clause decision: (a) is final and conclusive; and (b) must not be challenged, appealed against, reviewed, quashed or called in question in any court; and (c) is not subject to…
Section 474A — Definition of ART Act migration decision
(1) A decision under a provision of the ART Act mentioned in subsection (2) is an ART Act migration decision, to the extent that the decision is made in relation to any of the following: (a) a review…
Section 474AA — Interaction with the ART Act
(1) Part 7 of the ART Act does not apply to an application in relation to, or a proceeding for the review of, any of the following: (a) a privative clause decision; (b) a purported privative clause…
Section 475 — This Division not to limit section 474
This Division is not to be taken to limit the scope or operation of section 474.
Section 476 — Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)
(1) Subject to this section, the Federal Circuit and Family Court of Australia (Division 2) has the same original jurisdiction in relation to migration decisions as the High Court has under paragraph…
Section 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…
Section 476B — Remittal by the High Court
(1) Subject to subsection (3), the High Court must not remit a matter, or any part of a matter, that relates to a migration decision to any court other than the Federal Circuit and Family Court of…
Section 477 — Time limits on applications to the Federal Circuit and Family Court of Australia (Division 2)
(1) An application to the Federal Circuit and Family Court of Australia (Division 2) for a remedy to be granted in exercise of the court’s original jurisdiction under section 476 in relation to a…
Section 477A — Time limits on applications to the Federal Court
(1) An application to the Federal Court for a remedy to be granted in exercise of the court’s original jurisdiction under paragraph 476A(1)(b) or (c) in relation to a migration decision must be made…
Section 478 — Persons who may make application
An application referred to in section 477 or 477A may only be made by the Minister, or where appropriate the Secretary or Australian Border Force Commissioner, and: (a) if the migration decision…
Section 479 — Parties to review
The parties to a review of a migration decision resulting from an application referred to in section 477 or 477A are the Minister, or where appropriate the Secretary or Australian Border Force…
Section 480 — Intervention by Attorney-General
(1) The Attorney-General may, on behalf of the Commonwealth, intervene in a proceeding resulting from an application referred to in section 477 or 477A. (2) If the Attorney-General intervenes in such…
Section 481 — Operation etc. of decision
The making of an application referred to in section 477 or 477A does not: (a) affect the operation of the decision; or (b) prevent the taking of action to implement the decision; or (c) prevent the…
Section 482 — Changing person holding, or performing the duties of, an office
If: (a) a person has, in the performance of the duties of an office, made a migration decision; and (b) the person no longer holds, or, for whatever reason, is not performing the duties of, that…
Section 484 — Exclusive jurisdiction of High Court, Federal Court and Federal Circuit and Family Court of Australia (Division 2)
(1) Only the High Court, the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) have jurisdiction in relation to migration decisions. (2) To avoid doubt, subsection (1)…
Section 486A — Time limit on applications to the High Court for judicial review
(1) An application to the High Court for a remedy to be granted in exercise of the court’s original jurisdiction in relation to a migration decision must be made to the court within 35 days of the…
Section 486AA — Intervention by Attorney-General
(1) The Attorney-General may, on behalf of the Commonwealth, intervene in a proceeding resulting from an application referred to in subsection 486A(1). (2) If the Attorney-General intervenes in such…
Section 486ZA — Criminal proceedings during civil proceedings
(1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if: (a) criminal proceedings are commenced or have already been commenced…
Section 486AB — Operation etc. of decision
The making of an application referred to in section 486A does not: (a) affect the operation of the decision; or (b) prevent the taking of action to implement the decision; or (c) prevent the taking…
Section 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…
Section 486ZB — Criminal proceedings after civil proceedings
Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil penalty provision…
Section 486C — Persons who may commence or continue proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court
(1) Only the persons mentioned in this section may commence or continue a proceeding in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court that raises an issue: (a)…
Section 486ZC — Evidence given in civil proceedings not admissible in criminal proceedings
(1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if: (a) the individual previously gave the…
Section 486D — Disclosing other judicial review proceedings
(1) A person must not commence a proceeding in the Federal Circuit and Family Court of Australia (Division 2) in relation to a tribunal decision unless the person, when commencing the proceeding,…
Section 486ZD — Ancillary contravention of civil penalty provisions
(1) A person must not: (a) attempt to contravene a civil penalty provision; or (b) aid, abet, counsel or procure a contravention of a civil penalty provision; or (c) induce (by threats, promises or…
Section 486E — Obligation where there is no reasonable prospect of success
(1) A person must not encourage another person (the litigant) to commence or continue migration litigation in a court if: (a) the migration litigation has no reasonable prospect of success; and (b)…
Section 486ZE — Mistake of fact
(1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if: (a) at or before the time of the conduct constituting the…
Section 486F — Cost orders
(1) If a person acts in contravention of section 486E, the court in which the migration litigation is commenced or continued may make one or more of the following orders: (a) an order that the person…
Section 486ZF — State of mind
(1) In proceedings for a civil penalty order against a person for a contravention of a civil penalty provision (other than subsection 245AK(2) or 245AU(2)), it is not necessary to prove: (a) the…
Section 486G — Person must be given reasonable opportunity to argue against costs order
The court must not make an order under section 486F unless the person has been given a reasonable opportunity to argue why the order should not be made.
Section 486ZG — Civil double jeopardy
If a person is ordered to pay a pecuniary penalty for contravening a civil penalty provision in respect of particular conduct, the person is not liable to a pecuniary penalty under some other…
Section 486H — Limited waiver of legal professional privilege
(1) If, in proceedings to determine whether an order under section 486F should be made: (a) a person wishes to produce a document, record or information for the purpose of arguing why an order under…
Section 486I — Lawyer’s certification
(1) A lawyer must not file a document commencing migration litigation, unless the lawyer certifies in writing that there are reasonable grounds for believing that the migration litigation has a…
Section 486J — Part does not limit other powers to order costs against third parties
This Part does not limit any power a court may otherwise have to make costs orders against a person who is not a party to proceedings.