Minister for Immigration and Border Protection v. SZSCA & Anor
Case No.
S109/2014
Case Information
Lower Court Judgment
10/12/2013 Federal Court of Australia (Flick J, Robertson J, Griffiths J)
Catchwords
Migration - Respondent applied for protection visa - Taliban threatened respondent because of imputed political support for foreign organisations and Afghan government - Imputation based upon respondent's occupation transporting building materials - Whether a person may be found not to meet the definition of "refugee" in circumstances where that person could avoid persecution by changing occupation - reasonable for person to change occupation.
Documents
16/05/2014 Hearing (SLA, Sydney)
22/05/2014 Notice of appeal
27/05/2014 Submitting Appearance (Second Respondent)
20/06/2014 Written submissions (Appellant)
20/06/2014 Chronology (Appellant)
11/07/2014 Written submissions (First Respondent)
25/07/2014 Reply
09/10/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
12/11/2014 Judgment (Judgment summary)
Henderson v. State of Queensland
Case No.
B22/2014
Case Information
Lower Court Judgment
16/04/2013 Supreme Court of Queensland (Court of Appeal)(Holmes JA, White JA & Daubney J)
Catchwords
Criminal law - Confiscation of proceeds of crime - Criminal Proceeds Confiscation Act 2002 (Qld) ("Act"), Part VI - Police seized sum of money over which appellant claimed ownership - Police applied for forfeiture order and appellant applied for exclusion order - Whether prosecuting authority succeeds in circumstances where possessor of property cannot prove title of those who previously possessed item - Whether common law applies in determination of title under Act.
Documents
16/05/2014 Hearing (SLA, Canberra v/link to Brisbane)
29/05/2014 Notice of appeal
20/06/2014 Written submissions (Appellant)
20/06/2014 Chronology (Appellant)
11/07/2014 Written submissions (Respondent)
24/07/2014 Reply
16/10/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
16/12/2014 Judgment (Judgment summary)
Plaintiff S4/2014 v. Minister for Immigration and Border Protection & Anor
Case No.
S4/2014
Case Information
Catchwords
Migration - Refugees - Plaintiff was unlawful non-citizen upon entry in Australia - By reason of amendments to Migration Act 1958 (Cth) ("Act"), plaintiff became unauthorised maritime arrival within meaning of s 5AA(1) of Act - Without notice, Minister granted plaintiff Temporary Safe Haven (TSH) visa and Temporary Humanitarian Concern (THC) visa - Plaintiff applied for protection visa - Minister did not consider application for protection visa valid - Whether the grant of TSH and THC visas were invalid - If so, whether Minister is bound to determine that s 46A(1) of Act does not apply to plaintiff's application for protection visa.
Documents
06/01/2014 Application for an order to show cause
23/01/2014 Hearing (Single Justice, Sydney by v/link Melbourne)
03/04/2014 Hearing (Single Justice, Canberra)
30/04/2014 Consent order referring special case to the Full Court
03/06/2014 Written submissions (Plaintiff)
03/06/2014 Chronology
01/07/2014 Written submissions (Defendants)
15/07/2014 Reply
13/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
11/09/2014 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Cases:
- Plaintiff S297/2013 v. Minister for Immigration and Border Protection & Anor
- Plaintiff M150/2013 by his litigation guardian Sister Brigid Marie Arthur v. Minister for Immigration and Border Protection & Anor
Date: 15 May 2014
Transcript: Hearing
AV time: 2h 25m
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Plaintiff S89/2014 v. Minister for Immigration and Border Protection & Anor
Case No.
S89/2014
Case Information
Catchwords
Migration - Refugees - Plaintiff was unlawful non-citizen upon entry in Australia - By reason of amendments to Migration Act 1958 (Cth) ("Act"), plaintiff became unauthorised maritime arrival within meaning of s 5AA(1) of Act - Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) ("UMA Regulation") subsequently made which introduced new clause 866.222 in Schedule 2 of Migration Regulations 1994 (Cth) - UMA Regulation included additional criteria for grant of protection visa which plaintiff did not satisfy - Plaintiff refused protection visa because additional criteria were not met - UMA Regulation later disallowed - Whether clause 866.222 of Schedule 2 of Regulations was, during its period of purported operation, invalid or of no effect.
Documents
22/04/2014 Writ of summons
28/04/2014 Hearing (Single Justice, Canberra)
01/05/2014 Demurrer (Defendants)
09/05/2014 Written submissions (Plaintiff)
23/05/2014 Written submissions (Defendants)
30/05/2014 Reply
12/08/2014 Hearing (Vacated - order of Keane J by consent)
13/08/2014 Consent order dismissing proceeding