Plaintiff S7/2019 v Minister for Immigration, Citizenship and Multicultural Affairs

This matter came before the High Court of Australia concerning an application for a constitutional writ filed by Plaintiff S7/2019 against the Minister for Immigration, Citizenship and Multicultural Affairs and the Secretary for the Department of Home Affairs. The plaintiff, appearing in person and through an interpreter, sought relief based on an affidavit sworn on 7 January 2019 and subsequent written submissions. The defendants, represented by Mr. A. Markus of the Australian Government Solicitor, contended that the plaintiff's arguments were contrary to established High Court judgments, particularly *Plaintiff S10*.

The central legal issue before the Court was whether the plaintiff's case could be distinguished from the precedent set in *Plaintiff S10* and related cases, specifically *SZSSJ*. The plaintiff's submissions suggested that a distinction could be drawn because his application for a protection visa was made under a different legislative regime (Part 7AA) than that considered in *Plaintiff S10* (Part 7). The defendants argued that this distinction was misconceived and that the principles articulated in *Plaintiff S10*, particularly concerning dispensing provisions, applied equally to the present case.

The Court considered the defendants' submission that the reasoning in *Plaintiff S10*, which addressed significant characteristics of dispensing provisions, was applicable to the plaintiff's situation. The defendants noted that a similar argument regarding the legislative regime had been considered in *Plaintiff S118/2018*, where the Court, including Justices Keane and Edelman, did not perceive a relevant distinction based on applications made under the fast-track regime. The plaintiff, when invited to respond to these legal arguments, indicated that he could not add to his written submissions, stating he had been informed he could not submit anything further. The Court indicated that orders and reasons for judgment would be delivered the following morning via email.