Plaintiff S183/2021 v Minister for Home Affairs

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Plaintiff S183/2021 v Minister for Home Affairs

[2022] HCA 15

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Plaintiff S183/2021 v Minister for Home Affairs

[2022] HCA 15

HIGH COURT OF AUSTRALIAGORDON JPLAINTIFF S183/2021  PLAINTIFFANDMINISTER FOR HOME AFFAIRS  DEFENDANTPlaintiff S183/2021 v Minister for Home Affairs[2022] HCA 15Date of Hearing: 3 March 2022Date of Judgment: 21 April 2022S183/2021ORDER1.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 the decision made by a delegate of the defendant on 17 March 2020, notified to the plaintiff on 18 March 2020, is extended to 8 November 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 17 March 2020, notified to the plaintiff on 18 March 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 application otherwise be dismissed.6.The defendant pay the plaintiff's costs of and incidental to the application.RepresentationA M Hochroth for the plaintiff (instructed by Legal Aid NSW)D A Hughes for the defendant (instructed by Clayton Utz)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPlaintiff S183/2021 v Minister for Home AffairsImmigration – Refugees – Application for protection visa – Where plaintiff invited to attend protection visa interview in Melbourne – Where delegate of...

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Plaintiff S183/2021 v Minister for Home Affairs

[2022] HCA 15

HIGH COURT OF AUSTRALIAGORDON JPLAINTIFF S183/2021  PLAINTIFFANDMINISTER FOR HOME AFFAIRS  DEFENDANTPlaintiff S183/2021 v Minister for Home Affairs[2022] HCA 15Date of Hearing: 3 March 2022Date of Judgment: 21 April 2022S183/2021ORDER1.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 the decision made by a delegate of the defendant on 17 March 2020, notified to the plaintiff on 18 March 2020, is extended to 8 November 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 17 March 2020, notified to the plaintiff on 18 March 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 application otherwise be dismissed.6.The defendant pay the plaintiff's costs of and incidental to the application.RepresentationA M Hochroth for the plaintiff (instructed by Legal Aid NSW)D A Hughes for the defendant (instructed by Clayton Utz)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPlaintiff S183/2021 v Minister for Home AffairsImmigration – Refugees – Application for protection visa – Where plaintiff invited to attend protection visa interview in Melbourne – Where delegate of...