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Plaintiff M87/2023 v Minister for Immigration, Citizenship and Multicultural Affairs …

Migration – Unlawful non-citizens – Power to detain – Where plaintiffs unauthorised maritime arrivals – Where plaintiffs brought to Australia from regional processing country for temporary purpose of medical treatment – Where plaintiffs detained under ss …

Administrative law – Procedural fairness – Migration – Refugees – Review by Refugee Review Tribunal and Migration Review Tribunal – Ministerial discretion – Migration Act 1958 (Cth) confers powers upon Minister to dispense with statutory requirements for …

Plaintiff S111A/2018 v Director-General of Security & Ors …

Constitutional law (Cth) – Legislative power of Commonwealth – Constitution, s 51(xix) – Aliens power – Section 198AB of Migration Act 1958 (Cth) provides that Minister may designate country as regional processing country – Section 198AD(2) provides that …

Statutes – Construction - Privative clauses - Whether the decision by the Refugee Review Tribunal affirming the decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refusing the plaintiff's application for a …

High Court – Appellate jurisdiction – Leave to appeal – Circumstances when leave necessary – Distinction between interlocutory and final judgment – Where Judiciary Act 1903 (Cth) s 34(2) requires leave to appeal from interlocutory judgment of High Court …

Immigration – Refugees – Application for protection visa – Where plaintiff invited to attend protection visa interview in Melbourne – Where delegate of Minister sent plaintiff letters under ss 56 and 57 of Migration Act 1958 (Cth) requesting further …

Migration – Regional processing – Where plaintiff "unauthorised maritime arrival" – Where plaintiff taken to regional processing centre in Papua New Guinea pursuant to s 198AD of Migration Act 1958 (Cth) – Where Commonwealth entered into arrangements with …

Migration – Refugees – Protection visas – Power of Minister under Sched 2,cl 866.226 of Migration Regulations 1994 (Cth) to decide application forprotection visa if Minister satisfied that grant of visa "is in the national interest" –Whether cl 866.226 …

Practice and procedure – Writ of mandamus – Sufficiency of return – Court ordered writ of mandamus issue directing Minister to consider and determine plaintiff's protection visa application according to law – Minister refused plaintiff's application and …

Migration – Refugees – Protection visas – Power of Minister under s 85 of Migration Act 1958 (Cth) to determine maximum number of visas of specified class granted in specified financial year, in circumstances where s 65A imposed time limit in which …