Full Court Minute Books

Case M96/2016

Plaintiff M96A/2016 & Anor v. Commonwealth of Australia & Anor

Case No.


Case Information


Plaintiffs from Iran - arrived on Christmas island in 2013 - taken to Nauru where detained pursuant to regional processing arrangements - November 2014 brought to Australia under s198B Migration Act for "temporary purpose" ie medical treatment - plaintiffs challenge validity of detention in Australia since 2014 - whether detention in Australia validly authorised by ss189 and 196 Migration - whether ss189 & 196 are beyond constitutional power

Short particulars


15/07/2016 Application for an order to show cause

04/08/2016 Notice of constitutional matter (Plaintiffs)

14/09/2016 Consent as to directions

20/10/2016 Demurrer (Defendants)

02/11/2016 Order by consent referring Demurrer to Full Court

28/11/2016 Written submissions (Plaintiffs)

28/11/2016 Chronology

20/12/2016 Written submissions (Defendants)

27/01/2017 Reply

14/02/2017 Consent order amending title of proceeding

21/02/2017 Amended Demurrer

01/03/2017 Amended written submissions (Plaintiffs)

01/03/2017 Amended reply

03/03/2017 Amended written submissions (Defendants)

08/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

03/05/2017 Judgment (Judgment summary)