Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL AND KEANE JJ

PLAINTIFF S156/2013 PLAINTIFF

AND

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR DEFENDANTS

Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22 18 June 2014 S156/2013

ORDER

The questions reserved in the Stated Case dated 13 February 2014 be answered as follows:

1. Is s 198AB of the Migration Act 1958 (Cth) invalid on the ground that it is not supported by any head of power in s 51 of the Constitution?

Answer: No.

2. Is s 198AD of the Migration Act 1958 (Cth) invalid on the ground that it is not supported by any head of power in s 51 of the Constitution?

Answer: No.

3. Is the Minister's designation that PNG is a regional processing country made on 9 October 2012 under s 198AB of the Migration Act 1958 (Cth) invalid?

Answer: No.

4. Is the Minister's direction made on 29 July 2013 under s 198AD(5) of the Migration Act 1958 (Cth) invalid?

Answer: No.

5. Are these proceedings otherwise able to be remitted for determination in the Federal Court of Australia or the Federal Circuit Court of Australia?

Answer: The proceedings are otherwise able to be remitted for determination in the Federal Circuit Court of Australia.

6. Who should pay the costs of and incidental to this Stated Case?

Answer: The plaintiff.

Representation

M A Robinson SC with G J Williams and J Williams for the plaintiff (instructed by Adrian Joel & Co Solicitors)

J T Gleeson SC, Solicitor-General of the Commonwealth and S P Donaghue QC with N M Wood for the defendants (instructed by Australian Government Solicitor)

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

CATCHWORDS

Plaintiff S156/2013 v Minister for Immigration and Border Protection