Plaintiff S89/2014 v. Minister for Immigration and Border Protection & Anor
Case No.
S89/2014
Case Information
Catchwords
Migration - Refugees - Plaintiff was unlawful non-citizen upon entry in Australia - By reason of amendments to Migration Act 1958 (Cth) ("Act"), plaintiff became unauthorised maritime arrival within meaning of s 5AA(1) of Act - Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) ("UMA Regulation") subsequently made which introduced new clause 866.222 in Schedule 2 of Migration Regulations 1994 (Cth) - UMA Regulation included additional criteria for grant of protection visa which plaintiff did not satisfy - Plaintiff refused protection visa because additional criteria were not met - UMA Regulation later disallowed - Whether clause 866.222 of Schedule 2 of Regulations was, during its period of purported operation, invalid or of no effect.
Documents
22/04/2014 Writ of summons
28/04/2014 Hearing (Single Justice, Canberra)
01/05/2014 Demurrer (Defendants)
09/05/2014 Written submissions (Plaintiff)
23/05/2014 Written submissions (Defendants)
30/05/2014 Reply
12/08/2014 Hearing (Vacated - order of Keane J by consent)
13/08/2014 Consent order dismissing proceeding