Case M76/2013

Plaintiff M76/2013 v. Minister for Immigration and Citizenship and Ors

Case No.


Case Information


Sri Lankan national of Tamil ethnicity - plaintiff's applied for refugee protection under non-statutory Refugee Status Assessment - Minister's delegate found plaintiff to be a refugee - transferred to community detention subsequently Department informed plaintiff she would not satisfy Public Interest Criterion 4002 and not eligible for permanent visa as result of adverse ASIO risk assessment - whether detention of plaintiff is not for purpose authorised by or under ss189 &196 Migration Act - whether ss189 and 196 invalid.

Short Particulars


05/07/2013 Application for an order to show cause

10/07/2013 Hearing (Single Justice, Melbourne)

11/07/2013 Notice of constitutional matter (Plaintiff)

26/07/2013 Hearing (Single Justice, Melbourne)

01/08/2013 Special Case Stated

09/08/2013 Written submissions (Plaintiff)

23/08/2013 Written submissions (Defendants)

28/08/2013 Reply

04/09/2013 Hearing (Full Court, Canberra)

12/12/2013 Judgment  (Judgment summary)