Plaintiff M13/2011 v Minister for Immigration and Citizenship

[2011] HCATrans 179

[2011] HCATrans 179

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M13 of 2011

B e t w e e n -

PLAINTIFF M13/2011

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Defendant

For Judgment

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 23 JUNE 2011, AT 9.45 AM

Copyright in the High Court of Australia

HIS HONOUR:   This matter was heard in Melbourne on 16 June 2011. In my opinion, the plaintiff should have an order extending the times fixed by section 486A(1) of the Migration Act 1958 (Cth) and rule 25.06.1 of the High Court Rules 2004 within which she may make her application. She should have a writ of certiorari quashing the decision of the defendant Minister’s delegate and the defendant should pay the plaintiff’s costs of the action. I publish my reasons.

The orders of the Court are:

1.The times fixed by section 486A(1) of the Migration Act 1958 (Cth) and by rule 25.06.1 of the High Court Rules 2004 as times within which the plaintiff may apply for the relief sought in her application for an order to show cause filed on 9 February 2011 and subsequently amended by leave granted on 16 June 2011 are extended to 10 February 2011.

2.A writ of certiorari issue to remove into this Court for the purpose of its being quashed the decision made by a delegate of the defendant and dated 14 July 2009 to refuse to grant the plaintiff a Protection (Class XA) visa.

3.The defendant pay the plaintiff’s costs.

I publish that order.  Adjourn the Court.

AT 9.47 AM THE MATTER WAS CONCLUDED