Case M64/2015

Plaintiff M64/2015 v. Minister for Immigration and Border Protection

Case No.


Case Information


Migration – Grant or refusal of visas – Migration Act 1958 (Cth) - Migration Regulations 1994 (Cth) - Where plaintiff is an Australian permanent resident – Where plaintiff applied for a subclass 866 (Protection) visa for his immediate family – Where delegate of defendant refused the Visa Application for plaintiff?s mother because plaintiff?s mother did not satisfy cl 202.222(2) (“clause”) – Whether defendant?s delegate erred by construing the clause to require him to consider Australia?s capacity to take all refugee applicants without considering whether or not there were compelling reasons for giving special consideration to the visa applicants – Whether the delegate erred by having regard to irrelevant considerations – Whether delegate applied policy inconsistent with the Act and the Regulations.

Short Particulars


08/05/2015 Application for an order to show cause

03/06/2015 Hearing (Single Justice, Melbourne)

24/06/2015 Hearing (Single Justice, Melbourne)

25/08/2015 Hearing (Single Justice, Melbourne)

27/08/2015 Hearing (Single Justice, Melbourne)

28/08/2015 Special case stated

29/09/2015 Written submissions (Plaintiff)

29/09/2015 Chronology (Plaintiff)

16/10/2015 Written submissions (Defendant)

21/10/2015 Reply (Plaintiff)

06/11/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

17/12/2015 Judgment (Judgment summary)