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.