Plaintiff M13/2011 v Minister for Immigration and Citizenship

Immigration – Refugees - Well-founded fear of persecution - Relocation - Plaintiff applied for and delegate of defendant refused to grant Protection (Class XA) visa - Delegate found plaintiff's fear not well-founded due to possibility of relocation within country of residence - Delegate made no finding of where plaintiff had been resident or to where plaintiff could relocate - Delegate did not consider whether relocation was reasonable or practicable for plaintiff - Whether delegate required to consider particular circumstances of plaintiff and impact upon plaintiff of relocation.

Practice and procedure – High Court of Australia - Original jurisdiction - Extension of time for commencing proceeding - Plaintiff sought writ of certiorari to quash decision of delegate of defendant - Proceeding commenced outside period prescribed by s 486A(1) of Migration Act 1958 (Cth) and r 25.06.1 of High Court Rules 2004 - Section 486A(2) of Act allowed extension of time where "necessary in the interests of the administration of justice" - Whether time for commencing proceeding should be extended.

Words and phrases – "jurisdictional error", "necessary in the interests of the administration of justice", "particular circumstances", "relocation".

Migration Act 1958 (Cth) – ss 48B, 486A(1), (2).

High Court Rules 2004 – r 25.06.1.