High Court of Australia

Plaintiff M13/2011 v Minister for Immigration and Citizenship [2011] HCA 23

85 ALJR 740; 277 ALR 667

23 Jun 2011

Case Number: M13/2011

Before

Hayne J

Catchwords

Immigration – Refugees - Well-founded fear of persecution - Relocation - Plaintiff applied for and delegate of defendant refused to grant Protection (Class XA) visa - Delegate found plaintiff's fear not well-founded due to possibility of relocation within country of residence - Delegate made no finding of where plaintiff had been resident or to where plaintiff could relocate - Delegate did not consider whether relocation was reasonable or practicable for plaintiff - Whether delegate required to consider particular circumstances of plaintiff and impact upon plaintiff of relocation.

Practice and procedure – High Court of Australia - Original jurisdiction - Extension of time for commencing proceeding - Plaintiff sought writ of certiorari to quash decision of delegate of defendant - Proceeding commenced outside period prescribed by s 486A(1) of Migration Act 1958 (Cth) and r 25. 06. 1 of High Court Rules 2004 - Section 486A(2) of Act allowed extension of time where "necessary in the interests of the administration of justice" - Whether time for commencing proceeding should be extended.

Words and phrases – "jurisdictional error", "necessary in the interests of the administration of justice", "particular circumstances", "relocation".

Migration Act 1958 (Cth) – ss 48B, 486A(1), (2).

High Court Rules 2004 – r 25. 06. 1.

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