DLS Portal Maintenance Outage September 2025

The DLS Portal will be offline for maintenance and upgrades from 6.00pm (AEST) Friday, 12 September 2025 to 8.00am (AEST) Monday, 15 September 2025.

Plaintiff M1/2021 v. Minister for Home Affairs

Case No. M1/2021
Case information

Catchwords

Immigration – Judicial review – Non-refoulement obligations – Where plaintiff granted Refugee and Humanitarian (Class XB) Subclass 202 (Global Special Humanitarian) visa in 2006 – Where, on 19 September 2017, plaintiff convicted of unlawful assault and sentenced to 12 months’ imprisonment – Where, on 27 October 2017, delegate of Minister cancelled plaintiff’s global special humanitarian visa pursuant to s 501(3A) of Migration Act 1958 (Cth) – Where plaintiff made representations to Minister regarding possibility of refoulement if plaintiff returned to home country – Where, on 9 August 2018, delegate of Minister decided not to revoke cancellation decision pursuant to s 501CA(4) of Migration Act – Where, in making decision, delegate did not consider whether non-refoulement obligations owed to plaintiff because plaintiff is able to apply for protection visa under Migration Act – Whether delegate required to consider plaintiff’s representations concerning non-refoulement obligations in making non-revocation decision pursuant to s 501CA(4) where plaintiff can apply for protection visa – If so, whether delegate failed to consider representations – If so, whether delegate failed to exercise jurisdiction under Migration Act or deny plaintiff procedural fairness – Whether non-revocation decision affected by jurisdictional error.

Documents

05/01/2021 Application for constitutional writs

30/03/2021 Hearing (Single Justice, Melbourne)

13/04/2021 Special case

04/05/2021 Written submissions (Plaintiff)

04/05/2021 Chronology (Plaintiff)

26/05/2021 Written submissions (Defendant)

01/06/2021 Reply

30/11/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

30/11/2021 Outline of oral argument (Plaintiff)

30/11/2021Outline of oral argument (Defendant)

11/05/2022 Judgment (Judgment summary)