Full Court Minute Books

Case M77/2012

Tahiri v. Minister for Immigration and Citizenship

Case No.


Case Information


Citizenship and Migration – Refugees – Family unit – Plaintiff an Afghani citizen – Plaintiff granted protection visa – Plaintiff's mother applied for a refugee and humanitarian visa – Mother's other children included in application – Visa refused due to failure to satisfy, inter alia, public interest criterion 4015 and clause 202.228 of sched 2 to Migration Regulations 1994 (Cth) – Public interest criterion 4015 requires, inter alia, an assessment that the law of an additional applicant's home country permits their removal and that each person who can lawfully determine where the additional applicant is to live consents to the grant of visa – Father missing for extended period of time – Delegate not satisfied that father was deceased and that certain Afghani court documents were genuine – Proper construction of public interest criterion 4015 – Whether the mother sole person who could lawfully determine where the children should live – Whether there was a breach of the rules of natural justice.

Short Particulars


30/07/2012 Application for an order to show cause

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

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

31/10/2012 Special case stated

12/11/2012 Written submissions (Plaintiff)

12/11/2012 Chronology

21/11/2012 Written submissions (Defendant)

26/11/2012 Reply (Plaintiff)

07/12/2012 Hearing (Full Court, Canberra)

13/12/2012 Judgment  (Judgment summary)