Full Court Minute Books

Case S156/2013

Plaintiff S156/2013 v. The Minister for Immigration and Border Protection & Anor

Case No.


Case Information


Migration - Refugees - Papua New Guinea ("PNG") designated a regional processing country to assess refugee claims ????? Plaintiff entered Australia by sea at Christmas Island and became "unlawful non-citizen" and "unauthorised maritime arrival" - On direction of Minister, plaintiff taken to PNG for processing of refugee application ("Direction") - Whether decision of Minister to designate PNG regional processing country pursuant to s 198AB of Migration Act 1958 (Cth) was made without power and was invalid - Whether Minister's Direction under s 198AD was invalid.

Constitutional law - Powers of Commonwealth Parliament - Whether ss 198AB and 198AD are supported by head of power in s 51 of the Constitution.

Short Particulars


20/08/2013 Writ of summons

05/09/2013 Hearing (Single Justice, Canberra v/link Sydney)

24/09/2013 Notice of constitutional matter (Plaintiff)

16/10/2013 Hearing (Single Justice, Perth v/link Sydney)

07/11/2013 Hearing (Single Justice, Canberra v/link Sydney)

19/12/2013 Hearing (Single Justice, Perth)

10/02/2014 Hearing (Single Justice, Canberra v/link Sydney)

26/03/2014 Written submissions (Plaintiff)

16/04/2014 Written submissions (Defendants)

29/04/2014 Reply (Plaintiff)

09/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

13/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

18/06/2014 Judgment  (Judgment summary)