Full Court Minute Books

Case S10/2011

Plaintiff S10/2011 v. Minister for Immigration and Citizenship and Anor

Case No.

S10/2011

Related Matters:

S43/2011 - Kaur v. Minister for Immigration and Citizenship & Anor
S49/2011 - Plaintiff S49/2011 v. Minister for Immigration and Citizenship & Anor
S51/2011 - Plaintiff S51/2011 v. Minister for Immgiration and Citizenship & Anor

Case Information

Catchwords

Citizenship and migration — Migration — Ministerial discretion — Procedural fairness — Section 417 of Migration Act 1958 (Cth) ("Act") empowers first defendant ("Minister") to substitute decision of Refugee Review Tribunal ("RRT") made under s 415 of Act with another decision more favourable to an applicant, if Minister thinks it is "in the public interest to do so" — Section 48B of Act empowers Minister to determine that s 48A of Act does not apply to prevent application for protection visa made by non-citizen, if Minister thinks it is "in the public interest to do so" — Plaintiff applied for Ministerial intervention pursuant to ss 48B and 417 of Act — In October 2010, Minister's delegate informed plaintiff that Minister had decided not to exercise power under s 417 of Act ("the s 417 decision), and plaintiff's s 48B application had been assessed against Minister's Guidelines but was not referred to Minister ("the s 48B decision") — Whether Minister and or second defendant through his officers failed to accord procedural fairness to plaintiff in the s 48B decision and the s 417 decision by taking into consideration certain matters without providing plaintiff with opportunity to know about or comment on those matters — Whether plaintiff had legitimate expectation that information provided by him in respect of his applications would be considered in assessing whether he fell within Guidelines — Whether Minister and or second defendant through his officers failed to apply Minister's Guidelines correctly by taking into account irrelevant considerations or failing to take into account relevant considerations — Whether jurisdictional error occurred irrespective of privative clause in s 474(2) of Act.

Short Particulars

Documents

07/01/2011 Application for an order to show cause

12/04/2011 Hearing (Single Justice, Sydney)

29/04/2011 Hearing (Single Justice, Sydney)

27/05/2011 Hearing (Single Justice, Sydney)

07/07/2011 Hearing (Single Justice, Sydney)

08/07/2011 Amended Application for an order to show cause

29/07/2011 Hearing (Single Justice, Sydney)

01/09/2011 Amended Application for an order to show cause

13/09/2011 Hearing (Single Justice, Sydney)

28/10/2011 Written submissions (Plaintiffs)

08/11/2011 Chronology

09/12/2011 Written submissions (First and Second Defendants)

23/12/2011 Reply

23/12/2011 Chronology (First and Second Defendants)

23/12/2011 Written submissions (Attorney-General for the State of South Australia intervening)

04/01/2012 Amended Notice of Constitutional Matter

01/02/2012 Reply to intervener (Plaintiff)

07/02/2012 Hearing (Single Justice, Canberra)

08/02/2012 Hearing (Full Court, Canberra)

09/02/2012 Hearing (Full Court, Canberra)

07/09/2012 Judgment (Judgment summary)