Full Court Minute Books

Case M79/2012

Plaintiff M79/2012 v. Minister for Immigration and Citizenship

Case No.


Case Information


Citizenship and Migration – Refugees – Plaintiff 'offshore entry person' – Plaintiff made a request for a refugee status assessment – Delegate determined that Plaintiff did not meet the definition of 'refugee' in Art 1A of the Refugees Convention – Plaintiff applied for independent merits review and subsequently judicial review – Judicial review decision remains reserved – Minister intervened under s 195A of the Migration Act 1958 (Cth) and granted the Plaintiff a temporary safe haven visa permitting a stay of seven days and a bridging E visa permitting a stay of six months – Grant of temporary safe haven visa bars plaintiff's application for protection visa under s 91L of the Migration Act – Whether temporary safe heaven visa validly granted – Whether plaintiff's application for a protection visa valid.

Short Particulars


22/08/2012 Application for an order to show cause

27/09/2012 Hearing (Single Justice, Melbourne)

30/10/2012 Hearing (Single Justice, Melbourne)

30/10/2012 Special case stated

11/12/2012 Written submissions (Plaintiff)

11/12/2012 Chronology (Plaintiff)

11/01/2013 Written submissions (Defendant)

21/01/2013 Reply

08/02/2013 Hearing (Full Court, Canberra)

29/05/2013 Judgment  (Judgment summary)