Plaintiff M13/2011 v Minister for Immigration and Citizenship

In the original jurisdiction of the High Court, the plaintiff sought a writ of certiorari to quash a decision by a delegate of the Minister for Immigration and Citizenship to refuse her a Protection (Class XA) visa. The delegate had found the plaintiff's fear of persecution not to be well-founded due to the possibility of relocation within her country of residence. However, the delegate made no findings regarding the plaintiff's place of residence or the potential relocation destination, nor did they consider the reasonableness or practicability of such relocation for the plaintiff. The plaintiff's proceeding was commenced outside the time prescribed by section 486A(1) of the *Migration Act 1958* (Cth) and rule 25.06.1 of the *High Court Rules 2004*.

The primary legal issues before the Court were whether the delegate was required to consider the particular circumstances of the plaintiff and the impact of relocation upon her when assessing her claim for a protection visa, and whether an extension of time should be granted for the commencement of proceedings, pursuant to section 486A(2) of the *Migration Act*, where it is "necessary in the interests of the administration of justice".

Hayne J found that the delegate had made a jurisdictional error by failing to consider the particular circumstances of the plaintiff and the impact of relocation upon her. This failure meant the delegate did not properly assess whether the plaintiff's fear of persecution was well-founded. Consequently, the Court determined that it was in the interests of the administration of justice to extend the time for the plaintiff to institute proceedings.

The Court ordered that the times fixed by section 486A(1) of the *Migration Act* and rule 25.06.1 of the *High Court Rules* be extended to 10 February 2011. A writ of certiorari was issued to quash the delegate's decision of 14 July 2009 refusing the plaintiff a Protection (Class XA) visa. The Minister was ordered to pay the plaintiff's costs.