Full Court Minute Books

Case S169/2014

 CPCF v. Minister for Immigration and Border Protection & Anor

 Case No.

 S169/2014

 Case Information

Catchwords

Migration – Power to detain – Maritime Powers Act 2013 (Cth) (“Act”) – Plaintiff, along with 156 other persons, was passenger on Indian vessel bound for Christmas Island – Plaintiff claimed refugee status within meaning of Art 1 of Convention relating to the Status of Refugees and that he was person in respect of whom Australia owed non-refoulement obligations – Indian vessel was intercepted in Australia’s contiguous zone – Maritime officers implemented decision of National Security Committee of Cabinet to return Indian vessel to India – Whether s 72(4) of Act authorised maritime officers to prevent plaintiff from entering Australia or detain plaintiff for purpose of taking him to India – Whether power under Act was subject to obligation to give plaintiff opportunity to be heard about the exercise of power – Whether obligation breached.

Constitutional law – Executive power – Whether non-statutory executive power of Commonwealth authorised Commonwealth officers to prevent plaintiff from entering Australia or detain plaintiff for purposes of taking him to India – Whether non-statutory executive power was subject to obligation to give plaintiff opportunity to be heard about the exercise of power – Whether obligation breached.

 Short particulars

 Documents 

07/07/2014 Writ of summons

07/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)

08/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)

18/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)

22/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)

23/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)

23/07/2014 Case Stated

28/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)

14/08/2014 Hearing (Single Justice, Melbourne v/link Sydney)

21/08/2014 Hearing (Single Justice, Melbourne v/link Sydney)

11/09/2014 Written submissions (Plaintiff)

11/09/2014 Chronology (Plaintiff)

11/09/2014 Written submissions (Australian Human Rights Commission seeking leave to intervene)

15/09/2014 Written submissions (United Nations High Commissioner for Refugees seeking leave to appear as amicus curiae)

30/09/2014 Written submissions (Defendants)

30/09/2014 Chronology (Defendants)

08/10/2014 Reply

10/10/2014 Amended reply

14/10/2014 Hearing (Full Court, Canberra) (Audio visual recording)

15/10/2014 Hearing (Full Court, Canberra) (Audio visual recording)

28/01/2015 Judgment (Judgment summary)