Plaintiff S297/2013 v. Minister for Immigration and Border Protection & Anor
Case No.
S297/2013
Related matter.
M150/2013 Plaintiff M150 of 2013 by his Litigation Guardian Sister Brigid Marie Arthur v. Minister for Immigration and Border Protection & Anor
Case Information
Catchwords
Migration - Refugees - Plaintiff assessed as person in respect of whom Australia owed protection obligations - Plaintiff subsequently met definition of "unauthorised maritime arrival" due to commencement of amendments to Migration Act 1958 (Cth) - Migration Amendment (Temporary Protection Visas) Regulation 2013 ("TPV Regulation") subsequently commenced rendering unauthorised maritime arrivals ineligible for grant of subclass 866 permanent protection visa - Senate disallowed TPV Regulation pursuant to s 42 Legislative Instruments Act 2003 (Cth) ("LIA") - Whether Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) ("UMA Regulation") has same substance as TPV Regulation within meaning of s 48 LIA as regards unauthorised maritime arrivals.
Statutes - Validity of delegated legislation - Whether clause 866.222 of UMA Regulation invalid - Whether clause 866.222 inconsistent with, or repugnant to, ss 36 or 46A of Migration Act 1958 (Cth) - Whether s 196 requires Minister to consider and decide plaintiff's application by reference to criteria excluding clause 866.222.
Short Particulars - December 2014
Documents
16/12/2013 Writ of summons
20/12/2013 Hearing (Single Justice, Sydney)
16/01/2014 Demurrer (Defendants)
23/01/2014 Hearing (Single Justice, Sydney)
03/02/2014 Written submissions (Plaintiff)
03/02/2014 Chronology
19/02/2014 Written submissions (Defendants)
26/02/2014 Reply
06/03/2014 Hearing (Single Justice, Canberra by v/link to Sydney and Melbourne)
22/04/2014 Written Submissions (Plaintiff)
22/04/2014 Chronology
30/04/2014 Submissions (Defendants)
05/05/2014 Reply
14/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
15/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
20/06/2014 Judgment (Judgment summary)
03/07/2014 Hearing (Single Justice, Perth by v/link to Sydney)
08/09/2014 Hearing (Single Justice, Canberra by v/link to Sydney)
08/09/2014 Judgment (French CJ)
29/10/2014 Written submissions (Plaintiff)
29/10/2014 Chronology
18/11/2014 Written submissions (Defendants)
25/11/2014 Reply
09/12/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
23/12/2014 Supplementary written submissions (Defendants)
19/01/2015 Supplementary written submissions (Plaintiff)
11/02/2015 Judgment (Judgment summary)
11/02/2015 Hearing (Single Justice, Canberra)