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Plaintiff M79/2012 v Minister for Immigration and Citizenship

[2013] HCA 24
Case number
M79/2012
Before
French CJ, Hayne, Crennan, Bell, Gageler JJ
Catchwords

Administrative law – Migration – Refugees – Minister exercised power under s 195A(2) of Migration Act 1958 (Cth) to grant plaintiff temporary safe haven visa permitting stay of seven days and bridging visa permitting stay of six months – Temporary safe haven visa granted to engage bar imposed by s 91K of Act on making valid application for protection visa – Whether decision to grant temporary safe haven visa made without power – Whether decision to grant temporary safe haven visa made for improper purpose – Whether plaintiff's application for protection visa valid.

Migration Act 1958 (Cth) – ss 29, 31, 37A, 46A, 65, 91H, 91J, 91K, 91L, 195A.

Words and phrases – "improper purpose", "offshore entry person", "public interest", "temporary safe haven visa".

Files
24.rtf (444.5 KB)
24.pdf (235.71 KB)