Full Court Minute Books

Case M68/2015

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors

Case No.


Case Information


Constitutional law – Where plaintiff was an “unauthorised maritime arrival” pursuant to s 5AA of the Migration Act 1958 (Cth) (“Act”) – Where plaintiff was taken to Nauru Regional Processing Centre (“RPC”) pursuant to s 198AD(2) of the Act – Where plaintiff was granted an RPC visa by the Nauru government which had certain restrictions and specifications - Whether plaintiff has standing to challenge whether the Commonwealth or the Minister was authorised in the past to engage in the activities relating to the creation and operation of the RPC – Whether Commonwealth or Minister were authorised to engage in acts relating to the creation and operation of the RPC pursuant to s 61 of the Constitution, s198AHA of the Act, and s 32B of the Financial Framework (Supplementary Powers) Act 1997 (Cth) read together with reg 16 and items 417.021, 417.027, 417.029 and 417.042 of Sch 1AA Financial Framework (Supplementary Powers) Regulations 1997 (Cth) – Whether the restrictions imposed on the plaintiff and the specifications of her RPC visa are contrary to Article 5(1) of the Constitution of Nauru – Whether the statutory provisions relied upon by the Commonwealth are invalid because they are not supported by any head of Commonwealth legislative power or are contrary to Ch III of the Constitution.

Short Particulars


14/05/2015 Application for an order to show cause

14/05/2015 Notice of constitutional matter (Plaintiff)

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

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

26/06/2015 Hearing (Single Justice, Melbourne)

22/07/2015 Notice of constitutional matter (Plaintiff)

22/07/2015 Hearing (Single Justice, Melbourne)

17/08/2015 Hearing (Single Justice, Melbourne)

20/08/2015 Hearing (Single Justice, Melbourne)

04/09/2015 Written submissions (Plaintiff)

04/09/2015 Chronology (Plaintiff)

18/09/2015 Written submissions (First and Second Defendants)

18/09/2015 Written submissions (Third Defendant)

18/09/2015 Written submissions (Attorney-General for the State of Western Australia intervening)

18/09/2015 Written submissions (Attorney-General of the State of Queensland intervening)

23/09/2015 Amended written submissions (Plaintiff)

25/09/2015 Amended written submissions (Third Defendant)

25/09/2015 Reply (Plaintiff)

02/10/2015 Supplementary written submissions (First and Second Defendants)

05/10/2015 Supplementary written submissions (Third Defendant)

06/10/2015 Supplementary written submissions (Plaintiff)

07/10/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

08/10/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

03/02/2016 Judgment (Judgment summary)