Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

RE MINISTER FOR IMMIGRATION AND RESPONDENTS

MULTICULTURAL AND INDIGENOUS

AFFAIRS & ANOR

EX PARTE APPLICANTS S134/2002 PROSECUTORS

Re Minister for Immigration and Multicultural and Indigenous Affairs;

Ex parte Applicants S134/2002

[2003] HCA 1

4 February 2003

S134/2002

ORDER

1. The times fixed by the Rules of Court for commencing this proceeding are extended. 2. The order nisi granted by Gaudron J on 11 June 2002, as amended by the order of the Full Court made on 4 September 2002, is discharged with costs.

Representation:

J Basten QC with M I Aronson and N C Poynder for the prosecutors (instructed by Craddock Murray Neumann)

D M J Bennett QC, Solicitor-General of the Commonwealth with N J Williams SC, S B Lloyd and G R Kennett for the first respondent (instructed by Australian Government Solicitor)

No appearance for the second respondent

Intervener:

B M Selway QC, Solicitor-General for the State of South Australia with C Jacobi intervening on behalf of the Attorney-General for the State of South Australia (instructed by the Crown Solicitor for the State of South Australia)

B W Walker SC with D S Mortimer intervening on behalf of the Human Rights and Equal Opportunity Commission (instructed by the Human Rights and Equal Opportunity Commission)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002

Immigration – Refugees – Temporary protection visas – Refugee Review Tribunal ("the Tribunal") affirmed decision of delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") not to grant protection visas – Minister not bound to consider whether to exercise power – Minister decided not to exercise power under s 417 of the Migration Act 1958 (Cth) ("the Act") to substitute for the decision of the Tribunal a decision more favourable to the prosecutors – Whether decisions of the Tribunal and the Minister "privative clause decisions" under s 474 of the Act.