Federal Circuit Court of Australia

30 November 2020

Senator GRIFF (South Australia) (16:51): I move:


(a) the Senate notes that:

(i) the Federal Government's new Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020 increase the Federal Circuit Court application fee for migration litigants from $690 to $3,330,

(ii) this 380% fee hike is disproportionate and inconsistent with other Federal Circuit Court fees set out in Schedule 1 of the Federal Court and Federal Circuit Court Regulation 2012, and even exceeds most (non-corporation) Federal Court fees,

(iii) with the exception of bankruptcy applications, all other fees payable for proceedings in the Federal Circuit Court remain under $1,000 for non­corporations,

(iv) the Federal Circuit Court can review decisions made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, decisions made by the Administrative Appeals Tribunal and 'fast track' reviewable decisions made by the Immigration Assessment Authority, but only to determine whether jurisdictional errors have been made, and

(v) the instrument's explanatory memorandum states that 'consultation was undertaken with the Federal Circuit Court of Australia' but it provides no reasons for imposing the high application fee on migration litigants only; and

(b) there be laid on the table by the Minister representing the Attorney­General, by midday on 7 December 2020, any documents (including briefing documents, emails, memos, letters, agendas and minutes) held by the Attorney­General, the Attorney-General's Department or the Department of Home Affairs relating to consultation on the instrument, or that relate to a discussion, proposal or request to increase the fee for migration litigants, or that relate to the quantity or reasons for a fee increase.

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