Plaintiff M7/2021 v Minister for Home Affairs

HIGH COURT OF AUSTRALIAGORDON JPLAINTIFF M7/2021  PLAINTIFFANDMINISTER FOR HOME AFFAIRS  DEFENDANTPlaintiff M7/2021 v Minister for Home Affairs[2021] HCA 14Date of Hearing: 30 March 2021Date of Judgment: 15 April 2021M7/2021ORDER1.Pursuant to s 486A(2) of the Migration Act 1958 (Cth), the period within which an application may be made for a remedy to be granted in relation to a decision made by a delegate of the defendant on 12 June 2020 is extended to 29 January 2021.2.Pursuant to r 4.02 of the High Court Rules 2004 (Cth), the time fixed by rr 25.02.1 and 25.02.2(b) be enlarged in respect of this application.3.A writ of certiorari issue to quash the decision made by a delegate of the defendant on 12 June 2020 to refuse to grant the plaintiff a protection visa. 4.A writ of mandamus issue directed to the defendant requiring the defendant to determine the plaintiff's application for a protection visa according to law.5.The defendant pay the plaintiff's costs of and incidental to the application.RepresentationN P Karapanagiotidis for the plaintiff (instructed by Asylum Seeker Resource Centre)C L Symons for the defendant (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 M7/2021 v Minister for Home AffairsImmigration – Refugees – Application for protection visa – Where plaintiff claimed protection on basis of feared persecution in Pakistan on account of homosexuality – Where delegate of defendant refused protection visa – Where delegate found evidence, including "open source...