Jason Donnelly and Chris Honnery

Plaintiff S15/2025 concerned an application in the High Court’s original jurisdiction brought on behalf of a Syrian refugee who was refused a resident return visa under s 501(1) of the Migration Act 1958 (Cth).

Shortly before the final hearing, the Minister for Immigration and Citizenship conceded that the decision to refuse the Plaintiff’s visa was affected by jurisdictional error. Consequently, the matter was resolved by consent, such that the High Court will not deliver a judgment that would have considered the Executive’s responsibilities in respect of refugees permanently residing in Australia who seek to re-enter the country following a temporary departure. This post unpacks the central issues in the case, including the scope of Australia’s non-refoulement obligations and potential 'constructive refoulement', considers the implications of the Minister’s concession, and analyses the impugned decision to identify lessons for practitioners.

Sangeetha Pillai

It’s coming up to the 30th birthday of Australia’s policy of mandatory immigration detention for non-citizens who do not hold a visa. Throughout its lifetime, the policy has remained a controversial cornerstone of Australia’s migration law framework, facing – and withstanding – multiple High Court challenges.