Plaintiff M150 of 2013 v Minister for Immigration and Border Protection

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJPLAINTIFF M150 OF 2013 BY HIS LITIGATION GUARDIAN SISTER BRIGID MARIE ARTHUR  PLAINTIFFANDMINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR  DEFENDANTSPlaintiff M150 of 2013 v Minister for Immigration and Border Protection[2014] HCA 2520 June 2014M150/2013ORDERThe questions asked by the parties in the special case dated 16 April 2014 and referred for consideration by the Full Court be answered as follows:Question 1Is the Minister's determination made on 4 March 2014 pursuant to s 85 of the Migration Act invalid?AnswerYes.Question 2What, if any, relief should be granted to the plaintiff?AnswerA writ of mandamus directing the first defendant to consider and determine the plaintiff's application for a Protection (Class XA) visa according to law.Question 3Who should pay the costs of the special case?AnswerThe defendants.RepresentationR M Niall SC with C L Lenehan and S M Keating for the plaintiff (instructed by Allens Lawyers)S P Donaghue QC with P D Herzfeld for the defendants (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPlaintiff M150 of 2013 v Minister for Immigration and Border ProtectionMigration – Refugees – Protection visas – Power of Minister under s 85 of Migration Act 1958 (Cth) to determine maximum number of visas of specified class granted in specified financial year, in circumstances where s 65A imposed time limit in which protection visa applications must be decided – Minister signed instrument limiting number of...