Global InformationPlaintiff M70 v Minister for Immigration information
| Plaintiff M70/2011 v Minister for Immigration and Citizenship | |
|---|---|
 | |
| Court | High Court of Australia |
| Full case name | Plaintiff M70/2011 & Plaintiff M106 of 2011 by his Litigation Guardian v Minister for Immigration and Citizenship |
| Decided | 31 August 2011 |
| Citations | [2011] HCA 32, (2011) 244 CLR 144 |
| Case opinions | |
| Majority | Gummow, Hayne, Crennan, Bell JJ the Minister's declaration about Malaysia was invalid, as Malaysia didn't meet the s198A(3)'s criteria of being a country legally bound to process and protect asylum seekers and refugees French CJ |
| Dissent | Heydon J |
Plaintiff M70 is a decision by the High Court of Australia.[1] The lawsuit concerned an injunction sought by multiple Afghan asylum seekers against immigration minister Chris Bowen. The injunction was to prevent Bowen from deporting the plaintiffs to Malaysia, pursuant to s198A of the Migration Act (a provision since repealed). The purpose of the deportation was to avoid their asylum application from being assessed by Australia.[2]
The court decided that the Commonwealth government did not have lawful authority to force resettlement of the plaintiffs to Malaysia.[1] The Migration Act's s198A deportation power required a declaration be first made by the Minister about the recipient country's refugee protections; and it was found this declaration had been made invalidly. A majority found that Malaysia was unable to be declared a safe country for asylum seekers pursuant to s198A, due to Malaysia not being bound to protect refugees either at domestic or international law. As Bowen's declaration was legally invalid, it followed he lacked power to order their deportation.
The case is notable in Australian Administrative Law for the High Court's comments about jurisdictional fact, error, and statutory interpretation. It is also of historic importance to Australian refugee jurisprudence.
Politically, the case was a major defeat for the Gillard Labor government. It had the effect of dismantling the 'Malaysian solution', an important plank within the government's policy toward asylum seekers. It was also a major political and diplomatic embarrassment for the government.[2] A year after the decision, the Gillard Labor government passed legislation re-establishing offshore processing centres on Nauru and in Papua New Guinea.[3]
- ^ a b Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32, (2011) 244 CLR 144 "Judgment Summary" (PDF). High Court. 31 August 2011.
- ^ a b Thompson, Jeremy (31 August 2011). "High Court scuttles Malaysia swap deal". ABC News. Retrieved 26 August 2020.
- ^ Keaney, Bess (15 January 2018). "Kristen Walker QC: Public pressure can make a difference for refugees". Melbourne Law School. Retrieved 26 August 2020.