Plaintiff S22/2025 v Minister for Immigration and Multicultural Affairs

This matter came before the High Court of Australia concerning an application for a constitutional writ. The plaintiff, identified as S22/2025, is currently in immigration detention and was facing removal to Nauru. The defendant is the Minister for Immigration and Multicultural Affairs. The proceeding was initiated by the plaintiff, with the assistance of the Human Rights Law Centre, and the Minister was represented by the Australian Government Solicitor. The court was informed that two other applicants in separate proceedings in the Federal Court were in similar circumstances, also facing removal to Nauru and had obtained interim injunctions.

The primary legal issues before the Court, as initially presented, appeared to be three short questions of law. However, the parties also discussed potential factual disputes, particularly concerning legal professional privilege raised by the third ground of the application, and the explanation for a significant delay in seeking an extension of time. The Court also considered the procedural question of whether the matter should be heard by a single judge or a Full Court, and the appropriateness of proceeding by way of a special case, noting that these decisions might depend on the issues that arise from the pleadings.

The Court, acknowledging the parties' proposed consent minute, made orders to manage the progression of the case. These orders included dispensing with a rule of the High Court Rules, setting deadlines for the plaintiff to file any amended application and reply, and for the defendant to file affidavit evidence. The Court also scheduled a directions hearing for a date shortly after the filing of the reply to determine further timetabling, the potential for a special case, and any other issues arising from the pleadings. Costs were reserved as costs in the application, and liberty to apply was granted.