Full Court Minute Books

Case M10/2011

Shahi v. Minister for Immigration and Citizenship

Case No.


Case Information


Plaintiff arrived by boat in May 2009 as an unaccompanied minor - an offshore entry person - granted a protection visa in September 2009 - plaintiff the proposer of Refugee and Humanitarian visa application for his mother and six other visa applicants - all visa applicants outside Australia - primary visa applicant was his mother - other visa applicants were secondary applicants - delegate of defendant made decision in May 2010 that two visa applicants (plaintiff's sister and her daughter) would be assessed separately from the other visa applicants - visa refused for those 2 applicants in July 2010 - other visa applicants also refused in December 2010 - whether jurisdictional error - whether relevant/irrelevant considerations - whether 'asking the wrong question' - whether excess of jurisdiction in respect of decision to separately assess.

Short Particulars


27/01/2011 Application for an order to show cause

15/06/2011 Hearing (Single Justice, Melbourne)

17/06/2011 Special Case Stated

05/09/2011 Written submissions (Plaintiff)

05/09/2011 Chronology

14/09/2011 Written submissions (Defendant)

21/09/2011 Reply

26/09/2011 Hearing (Full Court, Adelaide)

14/12/2011 Judgment  (Judgment summary)