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Plaintiff S297/2013 v Minister for Immigration and Border Protection

[2015] HCA 3
Case number
S297/2013
Before
French CJ, Hayne, Kiefel, Bell, Gageler, Keane JJ
Catchwords

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 invalid – Whether cl 866.226 permitted Minister to refuse togrant protection visa solely on ground that application for visa made byunauthorised maritime arrival.

Administrative law – Judicial review – Mandamus – Return of writ insufficient –Plaintiff sought order issuing peremptory writ of mandamus – Reg 2.08F ofMigration Regulations 1994 (Cth) applied where court quashed decision ofMinister in relation to application for protection visa and ordered Minister toreconsider application in accordance with law – Whether reg 2.08F applied.

Words and phrases – "is in the national interest", "peremptory mandamus","unauthorised maritime arrival".

Migration Act 1958 (Cth) – ss 45AA, 46A.

Migration Regulations 1994 (Cth) – reg 2.08F, Sched 2, cl 866.226.

Files
3.rtf (177.41 KB)
3.pdf (151.98 KB)