Chronology - High Court of Australia

IN THE HIGH COURT OF AUSTRALIA
SYDNEY REGISTRY
No. S4/2014
PLAINTIFF S4/2014
BETWEEN:
Plaintiff
and
HIGH COURT OF AUS"fRALIA
F fLED
10
0 3 JUN 2014
THE REGISTRY SYDNEY
MINISTER FOR IMMIGRATION AND
BORDER PROTECTION
First defendant
THE COMMONWEALTH OF
AUSTRALIA
Second defendant
PLAINTIFF'S CHRONOLOGY
20
Date
Event
Reference
2008 - 2011
The Minister for Immigration and Citizenship established and
implemented the Refugee Status Assessment and Independent
Merits Review processes.
07 Jan 11
The Minister for Immigration and Citizenship announced the
establishment of an administrative process, called the "Protection
Obligations Determination" (POD) process, for the assessment of
claims by offshore entry persons that Australian owed them
protection obligations.
SC [10]
01 Mar 11
The POD process commenced.
SC [12]
13 Dec 11
Plaintiff arrived in Australia as an "offshore entry person" and was
detained.
14 Dec 11
Plaintiff interviewed by a departmental officer, claiming that he
feared persecution in Myanmar due to his Rohingya ethnicity.
SC [ 15]
28 Feb 12
Plaintiff prepared and lodged a request for a POD.
SC [16]
SC [9]
SC [6]
Dated: 3 June 2014
Farid Varess
Fragomen
Level 19, 2 0 1 Elizabeth Street
SYDNEY NSW 2000
Tel:
Fax:
Ref:
Email:
(02) 8224 8585
(02) 8224 8500
762893
[email protected] com
The departmental officer who conducted the plaintiffs Protection
Obligations Evaluation (POE) was satisfied that the plaintiff was a
person to whom Australia owed protection obligations.
sc [17]
A departmental officer wrote to the plaintiff, stating that the
officer was satisfied that the plaintiff was a person to whom
Australia owed protection obligations.
sc [18]
18 Apr 12
Plaintiffs case referred to ASIO for security assessment.
sc [19]
06 Jan 14
The plaintiff commenced this proceeding.
21 Jan 14
The department received advice that a non-prejudicial (clear)
security assessment had been furnished and that the security
assessment process was finalised with respect to the plaintiff.
sc [20]
04 Feb 14
The department made submission SM2014/00309 to the Minister
entitled "Managing the legacy caseloads ofUMAs", and
submission SM2014/00311 entitled "Ministerial intervention
under section 195A- Unauthorised Maritime Arrival".
sc [21]
sc [22]
The Minister exercised power under s 195A(2) to grant a
Temporary Safe Haven (Class UJ subclass 449) visa and a
Temporary (Humanitarian Concern) (Class UO subclass 786) visa
to the plaintiff.
sc [23]
14 Feb 14
The plaintiff made an application for a Protection (Class XA) visa.
sc [29]
17 Feb 14
The solicitors for the defendants wTote to the solicitors for the
plaintiff to the effect that the Minister does not consider the
plaintiff's visa application to be valid.
sc [32]
01 Jtm 13
Plaintiff became an "unauthorised maritime arrival" by reason of
legislative amendments.
12 Dec 13
Migration Amendment (Unauthorised lvfaritime Arrival)
Regulation 2013 (Cth) (UMA Regulation) made.
14 Dec 13
UlvJA Regulation commenced.
27 Mar 14
Senate disallowed the UMA Regulation.
13 Apr 12
Steplien Lloyd
Sixth Floor Selborne Chambers
(02) 9235 3753
[email protected]
[email protected]
2
sc [7]
sc [29]