Full Court Minute Books

Case M1/2021

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)

25/05/2021 Written submissions (Defendant)

01/06/2021 Reply

30/11/2021 Hearing (Full Court, Canberra)

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

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