Full Court Minute Books

Case M174/2016

Plaintiff M174/2016 v. Minister for Immigration and Border Protection & Anor

Case No.



Constitutional law – Migration – Migration Act 1958 (Cth) ss 57(2), 473CA, 473CC –Where plaintiff applied for Temporary Protection (Class  XD) (Subclass  785) visa – Where delegate of Minister refused to grant visa – Whether delegate failed to comply with s 57(2)  of  Act – If so, whether failure to comply with s 57(2) had consequence that there was no decision capable of referral to Immigration Assessment Authority under s 473CA or essential precondition for valid exercise of power by Authority under s 473CC not satisfied – Whether Authority failed to conduct review in accordance with Pt 7AA by unreasonably failing to exercise statutory powers to obtain or consider new information.

Short particulars


20/12/2016 Application for an order to show cause

04/01/2017 Submitting appearance (Second Defendant)

16/02/2017 Hearing (Single Justice, Melbourne)

22/02/2017 Hearing (Single Justice, Melbourne)

05/05/2017 Amended Application for an order to show cause

09/05/2017 Special case stated

17/05/2017 Hearing (Single Justice, Melbourne)

23/06/2017 Written submissions (Plaintiff)

23/06/2017 Chronology (Plaintiff)

31/07/2017 Written submissions (First Defendant)

14/08/2017 Reply

07/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

18/04/2018 Judgment (Judgment summary)