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) (Audio-visual recording)
30/11/2021 Outline of oral argument (Plaintiff)
30/11/2021Outline of oral argument (Defendant)
11/05/2022 Judgment (Judgment summary)