Plaintiff S22/2025 v. Minister for Immigration and Multicultural Affairs
Case No.
S22/2025
Case Information
Catchwords
Immigration – where plaintiff’s Temporary Protection Visa was cancelled following his criminal conviction and prison sentence – application for revocation – Migration Act 1958 (Cth) – s 501CA(4) – where delegate of the Minister decided not to revoke the cancellation of the visa – whether delegate failed to consider the legal consequences of the decision or proceeded on a misunderstanding of the law – whether delegate misapplied Ministerial Direction 110 – consideration of the expectations of the Australian community – procedural fairness – natural justice – use of privileged and confidential material – whether privilege waived – materiality – extension of time.
Documents*
21/02/2025 Application for Constitutional or other writ
21/05/2025 Special case
22/05/2025 Order referring application to the Full Court
16/06/2025 Hearing (Full Court, Canberra)
16/06/2025 Outline of oral argument (Plaintiff)
16/06/2025 Outline of oral argument (Defendant)
*The due dates shown for documents on this page are indicative only.
Plaintiff S15/2025 v. Minister for Immigration and Citizenship
Case No.
S15/2025
Case Information
Catchwords
Immigration – Migration Act 1958 (Cth) – s 501(1) – application for a Resident Return (Class BB) visa – where plaintiff had previously held a Protection Visa – s 501(6)(d)(i) – character test – where delegate of the Minister refused to grant visa – risk that the person would engage in criminal conduct in Australia – whether delegate acted on a misunderstanding of the law – whether jurisdictional error – whether material error – procedural fairness – natural justice – whether delegate denied the plaintiff procedural fairness by failing to respond to his submissions about the practical consequences of refusing his application for a visa and his contentions that the refusal would amount to "constructive refoulement" by Australia and would be damaging to Australia's international reputation – whether reasoning of the delegate was legally unreasonable, illogical or irrational.
Documents*
23/01/2025 Application for Constitutional or other writ
06/05/2025 Order referring application to the Full Court
10/06/2025 Hearing (VACATED)
*The due dates shown for documents on this page are indicative only.
Badari & Ors v. Minister for Housing and Homelands & Anor;
Badari & Ors v. Minister for Territory Families and Urban Housing & Anor
Case No.
D1/2025, D7/2025
Case Information
Lower Court Judgment
24/01/2025 Supreme Court of the Northern Territory (Court of Appeal) (Grant CJ, Barr and Huntingford JJ)
Catchwords
Statutes – Supreme Court Act 1979 (NT) – s 21(1) – where Full Court of the Supreme Court of the Northern Territory declined to accept the referral of part of a proceeding – where the Full Court later gave judgment and made orders dismissing the proceeding – whether the Full Court erred in not hearing from the parties before proceeding to give judgment – Housing Act 1982 (NT) – s 23 – power in Minister to determine rents and impose conditions in relation to public housing – where determination overrides rent agreed between the parties to the existing tenancy agreement – whether principles of natural justice intended to apply to Minister's determinations – whether Minister's power conditioned by a requirement to afford procedural fairness – whether affected person or group should be afforded a hearing – whether presumption displaced by public finance and political considerations – where no reasons given – whether determinations legally unreasonable.
Documents*
08/05/2025 Determination D1/2025 (Application referred to Full Court for hearing as on appeal: [2025] HCADisp 94)
08/05/2025 Determination D2/2025 (Special leave granted: [2025] HCADisp 95)
22/05/2025 Notice of appeal (D7/2025)
12/06/2025 Written submissions (Applicants/Appellants)
12/06/2025 Chronology (Applicants/Appellants)
17/07/2025 Written submissions (Respondents)
31/07/2025 Reply
*The due dates shown for documents on this page are indicative only.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: G Global v Commissioner of State Revenue [x3]; Stott v The Commonwealth of Australia & Anor
Date: 07 May 2025
Transcript: Hearing
AV time: 3h 44m
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(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: FARMER V MINISTER FOR HOME AFFAIRS & ANOR
Date: 06 May 2025
Transcript: Hearing
AV time: 4h 30m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.