Plaintiff M61/2010E v Commonwealth

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Plaintiff M61/2010E v Commonwealth
Coat of Arms of Australia.svg
Court High Court of Australia
Full case namePlaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69 of 2010 v Commonwealth of Australia
Decided11 November 2010
Citation(s) [2010] HCA 41, 243 CLR 319
Court membership
Judge(s) sitting French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ [1]

Plaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69 of 2010 v Commonwealth of Australia is a decision of the High Court of Australia in its "original jurisdiction" under Section 75 of the Constitution of Australia. The plaintiffs [2] were Sri Lankan citizens that had arrived at Christmas Island in 2010. [3] They sought a declaration that they were not given the same procedural fairness as on-shore claimants. [4] The court en banc ruled for the plaintiffs. [1]

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References

  1. 1 2 Plaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69 of 2010 v Commonwealth of Australia [2010] HCA 41, 243 CLR 319. Judgment summary (PDF), High Court, 11 November 2010
  2. The effect of the Migration Legislation Amendment Act (No. 6) 2001 (Cth) is that courts cannot name plaintiffs seeking protection visas in order to reduce the potential that the publication the applicants name may create further protection claims for people in Australia or put their families and colleagues overseas at risk of harm: "Explanatory Memorandum".
  3. "The Law Report - M61 and M69". ABC Radio National . Australian Broadcasting Corporation. 23 November 2010. Retrieved 20 September 2014.
  4. "Landmark cases in Australia - PLAINTIFFS M61 AND M69". State Library of New South Wales . Retrieved 20 September 2014.