Full Court Minute Books

Case S61/2016

Plaintiff S61/2016 v. Minister for Immigration and Border Protection

Case No.


Case Information


Migration – Family Stream – Direction by Minister – Where Minister gave written Direction 62 – order for considering and disposing of Family Stream visa applications, under s 499 of the Migration Act 1958 (Cth) – Where direction provides an order of priority for the processing of Family Stream visa applications – Whether the Direction is a legislative instrument per Legislation Act 2003 (Cth) – Whether Direction obliged delegates of the Minister to follow the order of priority set out in s 8 of the Direction in every case – Whether Direction is inconsistent with the Minister?s obligation under the Migration Act to consider and determine each Family Stream visa application within a reasonable time - Whether Direction is inconsistent with s 51(1) of the Migration Act.

Short particulars


10/03/2016 Application for an order to show cause

22/04/2016 Hearing (Single Justice, Sydney)

21/06/2016 Hearing (Single Justice, Sydney)

06/07/2016 Hearing (Single Justice, Sydney)

25/07/2016 Written submissions (Plaintiff)

19/08/2016 Written submissions (Defendant)

02/09/2016 Reply (Plaintiff)

26/09/2016 Hearing (Single Justice, Sydney)

07/10/2016 Hearing (Full Court, Canberra) - VACATED