''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 High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution.
The High Court was established following passage of the '' Judiciary Act 1903''. It ...
. The plaintiffs
[The effect of the 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: ] were
Sri Lankan citizens that had arrived at
Christmas Island
Christmas Island, officially the Territory of Christmas Island, is an Australian external territory comprising the island of the same name. It is located in the Indian Ocean, around south of Java and Sumatra and around north-west of the ...
in 2010.
They sought a
declaration
Declaration may refer to:
Arts, entertainment, and media Literature
* ''Declaration'' (book), a self-published electronic pamphlet by Michael Hardt and Antonio Negri
* ''The Declaration'' (novel), a 2008 children's novel by Gemma Malley
Music ...
that they were not given the same
procedural fairness
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general conc ...
as on-shore claimants.
The court
en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...
ruled for the plaintiffs.
References
High Court of Australia cases
2010 in Australian law
2010 in case law
Australian migration law
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