Plaintiff B15a v Minister for Immigration and Border Protection

[2015] HCA 24
Judgment date
Case number
B15/2015
Before
Kiefel J
Catchwords

Migration – Unauthorised maritime arrivals – Section 5AA(1A) of Migration Act 1958 (Cth) provides that person is an unauthorised maritime arrival if "a parent of the person is, at the time of the person's birth, an unauthorised maritime arrival" – Whether s 23 of Acts Interpretation Act 1901 (Cth) required "a parent" to be read as "both parents".

Practice and procedure – Summary determination of action without trial – Whether affidavit evidence sufficient to create controversy which should be resolved by litigation – Where there would be no utility in a trial.

Words and phrases – "unauthorised maritime arrival".

Acts Interpretation Act 1901 (Cth) – s 23.

Migration Act 1958 (Cth) – ss 5AA(1A), 46A(1).

Files
24.rtf (118.1 KB)
24.pdf (99.47 KB)