Full Court Minute Books

Case S195/2016

Plaintiff S195/2016 v. Minister for Immigration and Border Protection (Cth) & Ors

Case No.


Case Information


Migration – Where plaintiff is citizen of Iran – Where plaintiff was an “unauthorised maritime arrival” – Where plaintiff is unwilling to return to Iran - Where plaintiff was sent to Papua New Guinea under regional processing arrangements – Where Papua New Guinea Supreme Court handed down Belden Norman Namah, MP Leader of the Opposition v Hon Rimbank Pato, Minister for Foreign Affairs & Immigrations SCA NO 84 of 2013 (“Namah Decision”) – Whether designation of Papua New Guinea as a regional processing country is beyond power of s 198AB(1) of Migration Act by reason of Namah Decision – Was taking of the plaintiff to Papua New Guinea beyond power of s 198AD of Migration by reason of Namah Decision.

Short particulars


05/08/2016 Application for an order to show cause

18/10/2016 Notice of constitutional matter (Plaintiff )

20/10/2016 Hearing (Single Justice, Sydney)

15/11/2016 Hearing (Single Justice, Sydney)

07/12/2016 Hearing (Single Justice, Canberra v/link to Sydney)

21/12/2016 Hearing (Single Justice, Melbourne v/link to Sydney)

14/03/2017 Special case

21/03/2017 Written submissions (Plaintiff)

21/03/2017 Chronology

07/04/2017 Written submissions (First and Second Defendants)

10/04/2017 Chronology (First and Second Defendants)

21/04/2017 Written submissions (Third Defendant)

21/04/2017 Chronology (Third Defendant)

28/04/2017 Reply

09/05/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

17/08/2017 Judgment (Judgment summary)