Full Court Minute Books

Case S89/2014

Plaintiff S89/2014 v. Minister for Immigration and Border Protection & Anor

Case No.


Case Information


Migration - Refugees - Plaintiff was unlawful non-citizen upon entry in Australia - By reason of amendments to Migration Act 1958 (Cth) ("Act"), plaintiff became unauthorised maritime arrival within meaning of s 5AA(1) of Act - Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) ("UMA Regulation") subsequently made which introduced new clause 866.222 in Schedule 2 of Migration Regulations 1994 (Cth) - UMA Regulation included additional criteria for grant of protection visa which plaintiff did not satisfy - Plaintiff refused protection visa because additional criteria were not met - UMA Regulation later disallowed - Whether clause 866.222 of Schedule 2 of Regulations was, during its period of purported operation, invalid or of no effect.


22/04/2014 Writ of summons

28/04/2014 Hearing (Single Justice, Canberra)

01/05/2014 Demurrer (Defendants)

09/05/2014 Written submissions (Plaintiff)

23/05/2014 Written submissions (Defendants)

30/05/2014 Reply

12/08/2014 Hearing (Vacated - order of Keane J by consent)

13/08/2014 Consent order dismissing proceeding