CPCF v. Minister for Immigration and Border Protection & Anor
Case No.
S169/2014
Case Information
Catchwords
Migration – Power to detain – Maritime Powers Act 2013 (Cth) (“Act”) – Plaintiff, along with 156 other persons, was passenger on Indian vessel bound for Christmas Island – Plaintiff claimed refugee status within meaning of Art 1 of Convention relating to the Status of Refugees and that he was person in respect of whom Australia owed non-refoulement obligations – Indian vessel was intercepted in Australia’s contiguous zone – Maritime officers implemented decision of National Security Committee of Cabinet to return Indian vessel to India – Whether s 72(4) of Act authorised maritime officers to prevent plaintiff from entering Australia or detain plaintiff for purpose of taking him to India – Whether power under Act was subject to obligation to give plaintiff opportunity to be heard about the exercise of power – Whether obligation breached.
Constitutional law – Executive power – Whether non-statutory executive power of Commonwealth authorised Commonwealth officers to prevent plaintiff from entering Australia or detain plaintiff for purposes of taking him to India – Whether non-statutory executive power was subject to obligation to give plaintiff opportunity to be heard about the exercise of power – Whether obligation breached.
Documents
07/07/2014 Writ of summons
07/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)
08/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)
18/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)
22/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)
23/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)
23/07/2014 Case Stated
28/07/2014 Hearing (Single Justice, Melbourne v/link Sydney)
14/08/2014 Hearing (Single Justice, Melbourne v/link Sydney)
21/08/2014 Hearing (Single Justice, Melbourne v/link Sydney)
11/09/2014 Written submissions (Plaintiff)
11/09/2014 Chronology (Plaintiff)
11/09/2014 Written submissions (Australian Human Rights Commission seeking leave to intervene)
15/09/2014 Written submissions (United Nations High Commissioner for Refugees seeking leave to appear as amicus curiae)
30/09/2014 Written submissions (Defendants)
30/09/2014 Chronology (Defendants)
08/10/2014 Reply
10/10/2014 Amended reply
14/10/2014 Hearing (Full Court, Canberra) (Audio visual recording)
15/10/2014 Hearing (Full Court, Canberra) (Audio visual recording)
28/01/2015 Judgment (Judgment summary)