Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29

HIGH COURT OF AUSTRALIA

FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ

Matter No S75/2016

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR APPELLANTS

AND

SZSSJ & ANOR RESPONDENTS

Matter No S76/2016

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ORS APPELLANTS

AND

SZTZI RESPONDENT

Minister for Immigration and Border Protection v SZSSJ Minister for Immigration and Border Protection v SZTZI [2016] HCA 29 27 July 2016 S75/2016 & S76/2016

ORDER

Matter No S75/2016

1. Appeal allowed.

2. Set aside orders 1 and 2 made by the Full Court of the Federal Court of Australia on 25 September 2015, and in their place order that:

(a) order 2 made by the Federal Circuit Court of Australia on 28 April 2015 be set aside and in its place order that the first respondent pay the applicant's costs; and

(b) the appeal from the orders made by the Federal Circuit Court on 28 April 2015 be otherwise dismissed.

Matter No S76/2016

1. Appeal allowed.

2. Set aside orders 1, 2 and 3 made by the Full Court of the Federal Court of Australia on 25 September 2015, and in their place order that:

(a) order 2 made by the Federal Circuit Court of Australia on 12 May 2015 be set aside; and

(b) the appeal from the orders made by the Federal Circuit Court on 12 May 2015 be otherwise dismissed.

On appeal from the Federal Court of Australia

Representation

S B Lloyd SC with J E Davidson for the appellants in each matter (instructed by Australian Government Solicitor)

N L Sharp and A M Hochroth with D P Hume for the first respondent in S75/2016 (instructed by N L Sharp)

Submitting appearance for the second respondent in S75/2016

M J Finnane QC with S E J Prince and P W Bodisco for the respondent in S76/2016 (instructed by Michaela Byers, Solicitor)

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