Minister for Immigration and Border Protection v SZMTA [2019] HCA 3

HIGH COURT OF AUSTRALIA

BELL, GAGELER, KEANE, NETTLE AND GORDON JJ

Matter No S36/2018

MINISTER FOR IMMIGRATION AND BORDER PROTECTION APPELLANT

AND

SZMTA & ANOR RESPONDENTS

Matter No M75/2018

CQZ15 APPELLANT

AND

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR RESPONDENTS

Matter No S135/2018

BEG15 APPELLANT

AND

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR RESPONDENTS

Minister for Immigration and Border Protection v SZMTA CQZ15 v Minister for Immigration and Border Protection BEG15 v Minister for Immigration and Border Protection [2019] HCA 3 13 February 2019 S36/2018, M75/2018 & S135/2018

ORDER

Matter No S36/2018

1. Appeal allowed.

2. Set aside the orders made by the Federal Court of Australia on 5 September 2017 and, in their place, order that the appeal to that Court from the Federal Circuit Court of Australia be dismissed with costs.

3. The first respondent pay the appellant's costs of the appeal to this Court.

Matter No M75/2018

1. Appeal dismissed with costs.

2. Application for special leave to cross-appeal dismissed with costs.

Matter No S135/2018

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation

G R Kennett SC with R S Francois for the appellant in S36/2018 (instructed by Clayton Utz Lawyers)

S E J Prince with S Blount and P W Bodisco for the first respondent in S36/2018 (instructed by Shelly Legal)

L G De Ferrari SC with C L Symons for the appellant in M75/2018 (instructed by Victoria Legal Aid)

G R Kennett SC with B D Kaplan for the first respondent in M75/2018 (instructed by Australian Government Solicitor)

S E J Prince for the appellant in S135/2018 (instructed by Michaela Byers, Solicitor)

G R Kennett SC with B D Kaplan for the first respondent in S135/2018 (instructed by Australian Government Solicitor)

Submitting appearance for the second respondent in all matters