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

HIGH COURT OF AUSTRALIA

HAYNE J

PLAINTIFF M13/2011 PLAINTIFF

AND

MINISTER FOR IMMIGRATION AND CITIZENSHIP DEFENDANT

Plaintiff M13/2011 v Minister for Immigration and Citizenship

[2011] HCA 23

23 June 2011

M13/2011

ORDER

1. The times fixed by s 486A(1) of the Migration Act 1958 (Cth) and by r 25.06.1 of the High Court Rules 2004 as times within which the plaintiff may apply for the relief sought in her application for an order to show cause filed on 9 February 2011 (as subsequently amended by leave granted on 16 June 2011) are extended to 10 February 2011.

2. A writ of certiorari issue to remove into this Court, for the purpose of its being quashed, the decision made by a delegate of the defendant and dated 14 July 2009 to refuse to grant the plaintiff a Protection (Class XA) visa.

3. The defendant pay the plaintiff's costs.

Representation

N P Karapanagiotidis for the plaintiff (instructed by Asylum Seeker Resource Centre)

C J Horan for the defendant (instructed by DLA Piper Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Plaintiff M13/2011 v Minister for Immigration and Citizenship

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.