Plaintiff S4-2014 v Minister for Immigration and Border Protection [2014] HCA 34

ON 11 SEPTEMBER 2014, the High Court of Australia delivered Plaintiff S4-2014 v Minister for Immigration and Border Protection [2014] HCA 34 (11 September 2014).

The plaintiff arrived at Christmas Island without a visa. The Minister for Immigration and Border Protection issued the plaintiff with a temporary humanitarian concern visa and a temporary safe haven visa. The effect of being issued with the temporary visas was to prevent the plaintiff from making an application for a protection visa until the Minister enquired as to whether or not the plaintiff would be eligible to make a valid application for a permanent protection visa.

The plaintiff was kept in detention for more than two years whilst the Minister’s department enquired as to whether the plaintiff would be eligible to make a valid application for a protection visa.

The High Court quashed the Minister’s decision, holding that the grant of the temporary visas in such a manner was invalid.

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