High Court of Australia

Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50

17 Dec 2015

Case Number: M64/2015

Before

French CJ, Bell, Gageler, Keane, Gordon JJ

Catchwords

Migration – Visa application – Clause 202. 222(2) of Sched 2 to Migration Regulations 1994 (Cth) provides for grant of Refugee and Humanitarian (Class XB) (Subclass 202) visa if Minister satisfied there are compelling reasons for giving special consideration to granting visa – Where applications for Subclass 202 visas refused by delegate of Minister – Where delegate considered capacity of Australian community to permanently settle visa applicants – Where delegate considered departmental policy that established priorities to be accorded to visa applications – Construction of cl 202. 222(2) – Whether decision affected by jurisdictional error.

Words and phrases – "capacity", "compelling reasons", "irrelevant considerations", "jurisdictional error", "priorities policy", "special consideration".

Migration Regulations 1994 (Cth) – Sched 2, cl 202. 222(2).

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