Plaintiff M126/2016 v Minister for Immigration and Border Protection & Ors [2017] HCATrans 37 (22 February 2017)

Last Updated: 28 February 2017

[2017] HCATrans 037

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M126 of 2016

B e t w e e n -

PLAINTIFF M126/2016

Plaintiff

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Defendant

MATTHEW TUBRIDY

Second Defendant

ADMINISTRATIVE APPEALS TRIBUNAL

Third Defendant

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 22 FEBRUARY 2017, AT 9.30 AM

Copyright in the High Court of Australia

HER HONOUR: The plaintiff’s application for an order to show cause and summons were heard before me on 15 February 2017. I would dismiss the plaintiff’s applications. I publish my reasons.

The orders are as follows:

1. The plaintiff’s application for an extension of time under section 486A(2) of the Migration Act 1958 (Cth) is refused.
   
2. The plaintiff’s application for an order dispensing from compliance with rule 25.06.1 of the High Court Rules 2004 (Cth) is refused.
   
3. The plaintiff’s summons filed on 9 September 2016 is otherwise dismissed.
   
4. The plaintiff’s application for an order to show cause filed on 9 September 2016 is refused insofar as it seeks orders for mandamus and certiorari.
   
5. The plaintiff’s application for an order to show cause filed on 9 September 2016 is otherwise dismissed.
   
6. The plaintiff is to pay the first defendant’s costs of the applications.
   

AT 9.31 AM THE MATTER WAS CONCLUDED