Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16

HIGH COURT OF AUSTRALIA

GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

PLAINTIFF M174/2016 PLAINTIFF

AND

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR DEFENDANTS

Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 18 April 2018 M174/2016

ORDER

The questions referred to the Full Court be amended and answered as follows:

Question (1)

Did the delegate fail to comply with s 57(2) of the Migration Act 1958 (Cth) ("the Act")?

Answer

No.

Question (2)

Could any failure by the delegate to comply with s 57(2) of the Act have the consequence that:

(a) there is no "fast track reviewable decision" capable of referral by the Minister (or his delegate) to the Immigration Assessment Authority ("the Authority") under s 473CA of the Act; or

(b) an essential precondition for the valid exercise of power by the Authority under s 473CC of the Act is not satisfied,

with the result that the Authority has no jurisdiction to conduct a review under Pt 7AA of the Act?

Answer

No.

Question (3)

Did the Authority fail to conduct a review in accordance with Pt 7AA because it was legally unreasonable for the Authority to fail to exercise its statutory powers to get, or to consider, new information?

Answer

No.

Question (4)

What, if any, relief should be granted?

Answer

None.

Question (5)

Who should pay the costs of and incidental to the special case?

Answer

The plaintiff.

Representation

J T Gleeson SC with R C Knowles for the plaintiff (instructed by Victoria Legal Aid)

S P Donaghue QC, Solicitor-General of the Commonwealth and N M Wood for the first defendant (instructed by Australian Government Solicitor)

Submitting appearance for the second defendant

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 M174/2016 v Minister for Immigration and Border Protection