Plaintiff S53/2019 v Minister for Immigration, Citizenship and Multicultural Affairs

[2019] HCA 42
Judgment date
Case number
S53/2019
Before
Gageler J
Catchwords

Immigration – Refugees – Where plaintiff sought intervention of Minister under s 48B or s 417 of the Migration Act 1958 (Cth) – Where request for intervention finalised without referral to the Minister – Whether Minister could delegate exercise of power under s 48B – Whether departmental officer involved in exercise of non-statutory executive power – Whether denial of procedural fairness.

Words and phrases – "finalised without referral", "Ministerial intervention", "non-statutory executive power", "procedural fairness", "request for intervention".

High Court Rules 2004 (Cth) – r 25.09.1.

Migration Act 1958 (Cth) – ss 48B, 417.

Files
42.rtf (99.92 KB)
42.pdf (128.27 KB)