High Court of Australia

Plaintiff S53/2019 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] HCA 42

25 Jun 2019

Case Number: S53/2019

Before

Gageler J

Catchwords

Immigration – Refugees – Where plaintiff sought intervention of Minister under s 48B or s 417 of the Migration Act 1958 (Cth) – Where request for intervention finalised without referral to the Minister – Whether Minister could delegate exercise of power under s 48B – Whether departmental officer involved in exercise of non-statutory executive power – Whether denial of procedural fairness.

Words and phrases – "finalised without referral", "Ministerial intervention", "non-statutory executive power", "procedural fairness", "request for intervention".

High Court Rules 2004 (Cth) – r 25. 09. 1.

Migration Act 1958 (Cth) – ss 48B, 417.
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