Full Court Minute Books

Case S297/2013

Plaintiff S297/2013 v. Minister for Immigration and Border Protection & Anor

Case No.


Related matter.

M150/2013 Plaintiff M150 of 2013 by his Litigation Guardian Sister Brigid Marie Arthur v. Minister for Immigration and Border Protection & Anor

Case Information


Migration - Refugees - Plaintiff assessed as person in respect of whom Australia owed protection obligations - Plaintiff subsequently met definition of "unauthorised maritime arrival" due to commencement of amendments to Migration Act 1958 (Cth) - Migration Amendment (Temporary Protection Visas) Regulation 2013 ("TPV Regulation") subsequently commenced rendering unauthorised maritime arrivals ineligible for grant of subclass 866 permanent protection visa - Senate disallowed TPV Regulation pursuant to s 42 Legislative Instruments Act 2003 (Cth) ("LIA") - Whether Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) ("UMA Regulation") has same substance as TPV Regulation within meaning of s 48 LIA as regards unauthorised maritime arrivals.

Statutes - Validity of delegated legislation - Whether clause 866.222 of UMA Regulation invalid - Whether clause 866.222 inconsistent with, or repugnant to, ss 36 or 46A of Migration Act 1958 (Cth) - Whether s 196 requires Minister to consider and decide plaintiff's application by reference to criteria excluding clause 866.222.

Short Particulars - May 2014

Short Particulars - December 2014


16/12/2013 Writ of summons

20/12/2013 Hearing (Single Justice, Sydney)

16/01/2014 Demurrer (Defendants)

23/01/2014 Hearing (Single Justice, Sydney)

03/02/2014 Written submissions (Plaintiff)

03/02/2014 Chronology

19/02/2014 Written submissions (Defendants)

26/02/2014 Reply

06/03/2014 Hearing (Single Justice, Canberra by v/link to Sydney and Melbourne)

22/04/2014 Written Submissions (Plaintiff)

22/04/2014 Chronology

30/04/2014 Submissions (Defendants)

05/05/2014 Reply

14/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

15/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

20/06/2014 Judgment  (Judgment summary)

03/07/2014 Hearing (Single Justice, Perth by v/link to Sydney)

08/09/2014 Hearing (Single Justice, Canberra by v/link to Sydney)

08/09/2014 Judgment  (French CJ)

29/10/2014 Written submissions (Plaintiff)

29/10/2014 Chronology

18/11/2014  Written submissions (Defendants)

25/11/2014 Reply

09/12/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

23/12/2014 Supplementary written submissions (Defendants)

19/01/2015 Supplementary written submissions (Plaintiff)

11/02/2015 Judgment (Judgment summary)

11/02/2015 Hearing (Single Justice, Canberra)