High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
Matter No M70/2011
PLAINTIFF M70/2011 PLAINTIFF
AND
MINISTER FOR IMMIGRATION AND CITIZENSHIP
& ANOR DEFENDANTS
Matter No M106/2011
PLAINTIFF M106 OF 2011 BY HIS LITIGATION
GUARDIAN, PLAINTIFF M70/2011 PLAINTIFF
AND
MINISTER FOR IMMIGRATION AND CITIZENSHIP
& ANOR DEFENDANTS
Plaintiff M70/2011 v Minister for Immigration and Citizenship
Plaintiff M106 of 2011 v Minister for Immigration and Citizenship
[2011] HCA 32
31 August 2011
M70/2011 & M106/2011
ORDER
Matter No M70/2011
1. Declare that the declaration made by the "Instrument of Declaration of Malaysia as a Declared Country under subsection 198A(3) of the Migration Act 1958" dated 25 July 2011 was made without power and is invalid.
2. The first defendant, whether by his officers or otherwise howsoever, is restrained from taking the plaintiff from Australia to Malaysia.
3. The defendants pay the plaintiff's costs of the proceedings to date before Hayne J and the Full Court.
Matter No M106/2011
1. Declare that the declaration made by the "Instrument of Declaration of Malaysia as a Declared Country under subsection 198A(3) of the Migration Act 1958" dated 25 July 2011 was made without power and is invalid.
2. The first defendant, whether by his officers or otherwise howsoever, is restrained from taking the plaintiff from Australia to Malaysia.
3. The first defendant, whether by his officers or otherwise howsoever, is restrained from taking the plaintiff from Australia without there being a consent in writing of the Minister given under s 6A(1) of the Immigration (Guardianship of Children) Act 1946 (Cth).
4. The defendants pay the plaintiff's costs of the proceedings to date before Hayne J and the Full Court.
Representation
D S Mortimer SC and R M Niall SC with C L Lenehan, K L Walker, E A Bennett and M L L Albert for the plaintiff in both matters (instructed by Allens Arthur Robinson Lawyers)
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