Scam alert – fraudulent email address ‘subpoena@hcourt.gov.au’

The Court is aware of a scam involving the use of a fraudulent email address purporting to be an official High Court email address – ‘subpoena@hcourt.gov.au’ 

This email address is not associated with, authorised by, or operated by the Court. 

Recipients of emails from this account should exercise caution and should not click on links, open attachments or provide personal or financial information. 

Plaintiff S138/2012 v. Director General of Security and Ors

Case No. S138/2012
Case information

Catchwords

Citizenship and migration – Migration – Refugees – Protection visas – Plaintiff found to be a refugee but refused protection visa due to adverse security assessment by Australian Security Intelligence Organisation – Department relied on public interest criterion 4002 which requires that applicant not be assessed by ASIO to be a risk to security – In Plaintiff M47 v Director-General of Security public interest criterion 4002 found to be beyond power conferred by s 31(3) of the Migration Act 1958 (Cth) – Whether the Secretary made an error of law by relying on public interest criterion 4002

Citizenship and migration – Mandatory detention – Plaintiff held in detention as unlawful non-citizen – No third country currently available to receive plaintiff – Whether ss 189 and 196 of Act authorise plaintiff's detention

Administrative law – Procedural fairness – Adverse security assessment – ASIO interviewed plaintiff – Plaintiff did not meet requirements for protection visa – Plaintiff never informed of the reasons why or nature of apparent risk he poses to security – Whether Director-General failed to accord plaintiff procedural fairness

Constitutional law – Whether ss 189, 196 and 198 of Act are beyond the legislative power of the Commonwealth

Documents

28/05/2012 Application for an order to show cause

30/05/2012 Hearing (Single Justice, Canberra)

19/11/2012 Hearing (Single Justice, Sydney)

19/02/2013 Hearing (Single Justice, Sydney)

26/02/2013 Notice of constitutional matter (Plaintiff)

20/05/2013 Written submissons (Plaintiff)

30/05/2013 Written submissions (Refugee and Immigration Legal Centre, seeking leave to appear as amicus curiae)

04/06/2013 Written submissions (Defendants)

11/06/2013 Reply

13/06/2013 Hearing (Single Justice, Perth v/link Sydney)

18/06/2013 Hearing - Vacated (Full Court, Canberra)