Full Court Minute Books

Case M47/2018

Plaintiff M47/2018 v. Minister for Home Affairs & Anor

Case No.


Case Information


Plaintiff does not know his place of birth - plaintiff detained upon arrival in Australia by plane in January 2010 - whether continued detention of plaintiff unlawful as detention is no longer for the purpose of removal and not authorised by s189 and 196 Migration Act - alternatively whether detention no longer necessary for purpose of deportation and by reason of Chap III of the Constitution s189 and 196 Migration Act ss189 and 196 Migration Act exceed legislative power of the Commonwealth.

Short particulars


04/04/2018 Application for an order to show cause

13/04/2018 Notice of constitutional matter (Plaintiff)

09/10/2018 Draft Special case stated

23/10/2018 Hearing (Single Justice, Melbourne v/link Sydney)

15/11/2018 Special case stated

21/11/2018 Hearing (Single Justice, Melbourne)

03/01/2019 Written submissions (Plaintiff)

03/01/2019 Chronology (Plaintiff)

07/01/2019 Written submissions (Australian Human Rights Commission seeking leave to appear as amicus curiae)

23/01/2019 Written submissions (Defendants)

31/01/2019 Reply

13/02/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
(includes final orders pronounced)

13/02/2019 Outline of oral argument (Plaintiff)

13/02/2019 Outline of oral argument (Defendant)

12/06/2019 Reasons for Judgment (Judgment summary)