Plaintiff S162A/2018 & Anor v The Minister for Immigration and Border Protection

The proceedings involved two plaintiffs, identified as Plaintiff S162A/2018 and Plaintiff S162B/2018, and the Minister for Immigration and Border Protection as the respondent. The dispute concerned an application for judicial review. The matter was heard in the High Court of Australia.

The primary legal issue before the Court was whether the current proceedings for judicial review of the delegate's decision should be determined, or if they should be put aside pending the outcome of a separate appeal lodged in the Federal Court. The Minister submitted that the current proceedings could and should be determined, given the distinct focus on the delegate's decision, notwithstanding the pending appeal concerning a review of an Administrative Appeals Tribunal decision.

The Court considered the submissions of both parties. The plaintiffs, through an interpreter, indicated they were awaiting a decision from the Federal Court and had been advised to make new submissions in the High Court. The Minister argued that the High Court was in a position to determine the application for judicial review due to the difference in the subject matter of the two proceedings. The Court indicated it would review the filed submissions and deliver judgment.

The High Court ultimately adjourned the matter to deliver judgment on 30 August 2018.