Full Court Minute Books

Case S4/2014

Plaintiff S4/2014 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 - Without notice, Minister granted plaintiff Temporary Safe Haven (TSH) visa and Temporary Humanitarian Concern (THC) visa - Plaintiff applied for protection visa - Minister did not consider application for protection visa valid - Whether the grant of TSH and THC visas were invalid - If so, whether Minister is bound to determine that s 46A(1) of Act does not apply to plaintiff's application for protection visa.

Short Particulars


06/01/2014 Application for an order to show cause

23/01/2014 Hearing (Single Justice, Sydney by v/link Melbourne)

03/04/2014 Hearing (Single Justice, Canberra)

30/04/2014 Consent order referring special case to the Full Court

03/06/2014 Written submissions (Plaintiff)

03/06/2014 Chronology

01/07/2014 Written submissions (Defendants)

15/07/2014 Reply

13/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

11/09/2014 Judgment  (Judgment summary)