Full Court Minute Books

Case B43/2018

Love v. Commonwealth of Australia
Thoms v. Commonwealth of Australia

Case Nos.

B43/2018 and B64/2018

Case Information

Catchwords

Migration law – Where Love born in Papua New Guinea to Australian father – Where Love identifies as descendant of the Kamilaroi tribe – Where Love has five Australian children – Where Love was sentenced for an offence of assault occasioning bodily harm against s 339 of the Criminal Code 1899 (Qld) and sentenced to imprisonment of 12 months – Where Love’s Class BF Transitional (permanent) Visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) – Where Love detained under s 189 of Migration Act 1958 (Cth) on suspicion of being an “unlawful non-citizen” – Where cancellation of Love’s visa revoked under s 501CA(4) of the Migration Act and Love released from immigration detention – Where Thoms born in New Zealand to Australian mother – Where Thoms identifies as member of Gunggari People – Where Thoms has one Australian child – Where Thoms sentenced to imprisonment of 18 months for assault occasioning bodily harm contrary to ss 339(1) and 47(9) of the Criminal Code– Where Thoms’ Subclass 444 Special Category (temporary) Visa cancelled under s 501(3A) of the Migration Act – Where Thoms was and remains detained purportedly under s 189 of the Migration Act on suspicion of being an “unlawful non-citizen” – Whether each of Love and/or Thoms an “alien” within the meaning of s 51(xix) of the Constitution (Cth).

Short particulars

Documents*

10/09/2018 Writ of summons – Love

14/09/2018 Notice of constitutional matter – Love (Plaintiff)

29/11/2018 Hearing (Single Justice, Brisbane v/link Melbourne)

05/12/2018 Writ of summons – Thoms

12/12/2018 Notice of constitutional matter – Thoms (Plaintiff)

02/01/2019 Special case stated – Love

07/01/2019 Hearing (Single Justice, Brisbane v/link Melbourne)

01/03/2019 Special case stated - Thoms

05/03/2019 Hearing (Single Justice, Brisbane v/link Melbourne)

02/04/2019 Written submissions (Plaintiffs)

15/04/2019 Written submissions (Defendants)

26/04/2019 Reply

08/05/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

08/05/2019 Outline of oral argument (Plaintiffs)

08/05/2019 Outline of oral argument (Defendant)