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Plaintiff M150 of 2013 by his Litigation Guardian Sister Brigid Marie Arthur v. Minister for Immigration and Border Protection & Anor

Case No. M150/2013
Related cases

S297/2013 Plaintiff S297/2013 v. Minister for Immigration and Border Protection & Anor

Case information

Catchwords

Migration - Refugees - Plaintiff person in respect of whom Australia owed protection obligations - Migration Amendment (Temporary Protection Visas) Regulation 2013 ("TPV Regulation") subsequently commenced rendering unauthorised maritime arrivals ineligible for grant of subclass 866 permanent protection visa - Senate disallowed TPV Regulation pursuant to s 42 Legislative Instruments Act 2003 (Cth) ("LIA") - Whether Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) ("UMA Regulation") has same substance as TPV Regulation within meaning of s 48 LIA as regards unauthorised maritime arrivals.

Statutes - Validity of delegated legislation - Whether clause 866.222 of UMA Regulation invalid - Whether clause 866.222 inconsistent with, or repugnant to, s 36 of Migration Act 1958 (Cth).

Short Particulars

Documents

19/12/2013 Application for an order to show cause

20/12/2013 Hearing (Single Justice, Sydney by v/link Melbourne)

14/01/2014 Demurrer (Defendants)

23/01/2014 Hearing (Single Justice, Sydney by v/link Melbourne)

03/02/2014 Written submissions (Plaintiff)

03/02/2014 Chronology (Plaintiff)

19/02/2014 Written submissions (Defendants)

26/02/2014 Reply

06/03/2014 Hearing (Single Justice, Canberra by v/link to Sydney and Melbourne)

17/04/2014 Submissions (Plaintiff)

30/04/2014 Submissions (Defendants)

05/05/2014 Reply

14/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

15/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

20/06/2014 Judgment  (Judgment summary)