High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
HAYNE, CRENNAN, KIEFEL AND BELL JJ
Matter No S577/2008
MINISTER FOR IMMIGRATION AND CITIZENSHIP APPELLANT
AND
SZJGV & ANOR RESPONDENTS
Matter No S578/2008
MINISTER FOR IMMIGRATION AND CITIZENSHIP APPELLANT
AND
SZJXO & ANOR RESPONDENTS
Minister for Immigration and Citizenship v SZJGV
Minister for Immigration and Citizenship v SZJXO
[2009] HCA 40
30 September 2009
S577/2008 & S578/2008
ORDER
Matter No S577/2008
1. Appeal allowed.
2. Set aside orders 1 to 4 of the orders made by the Full Court of the Federal Court of Australia on 19 June 2008, and in lieu thereof order:
(a) Set aside order 3 of the orders made by the Federal Magistrates Court of Australia on 15 May 2007 and in lieu thereof order that the first respondent to the application in that Court pay the applicant's costs of the application.
(b) Appeal otherwise dismissed.
3. Appellant to pay the first respondent's costs of the appeal to this Court.
Matter No S578/2008
1. Appeal allowed.
2. Set aside orders 2 to 5 of the orders made by the Full Court of the Federal Court of Australia on 19 June 2008, and in lieu thereof order:
(a) Set aside order 2 of the orders made by the Federal Magistrates Court of Australia on 2 July 2007 and in lieu thereof order that the first respondent to the application in that Court pay the applicant's costs of the application.
(b) Appeal otherwise dismissed.
3. Appellant to pay the first respondent's costs of the appeal to this Court.
On appeal from the Federal Court of Australia
Representation
S J Gageler SC, Solicitor-General of the Commonwealth with D H Godwin for the appellant in both matters (instructed by DLA Phillips Fox)
G T Johnson with D Jordan for the first respondent in both matters (instructed by Fragomen Glogal)
Submitting appearance for the second respondent in both matters
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