High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, GORDON, EDELMAN, STEWARD, GLEESON AND JAGOT JJ
Matter No M32/2022
MARTIN JOHN DAVIS APPELLANT
AND
MINISTER FOR IMMIGRATION, CITIZENSHIP,
MIGRANT SERVICES AND MULTICULTURAL
AFFAIRS & ORS RESPONDENTS
Matter No S81/2022
DCM20 APPELLANT
AND
SECRETARY OF DEPARTMENT OF HOME
AFFAIRS & ANOR RESPONDENTS
Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
DCM20 v Secretary of Department of Home Affairs
[2023] HCA 10
Date of Hearing: 19 & 20 October 2022
Date of Judgment: 12 April 2023
M32/2022 & S81/2022
ORDER
Matter No M32/2022
1. Grant leave to the appellant to file an Amended Notice of Appeal.
2. Appeal allowed.
3. Set aside the orders made by the Full Court of the Federal Court of Australia on 23 November 2021 (as varied by the orders of 15 December 2021) and in their place make the following orders:
(a) Appeal allowed.
(b) Set aside the orders made by O'Callaghan J on 9 June 2020 and in their place make the following orders:
(i) Declare that the decision made by the third respondent on 8 May 2019 in purported compliance with section 10.1 of the Minister's guidelines on ministerial powers (s351, s417 and s501J) (11 March 2016) exceeded the executive power of the Commonwealth.
(ii) The first respondent pay the costs of the applicant.
(c) The first respondent pay the costs of the appellant.
4. The first respondent pay the costs of the appellant.
Matter No S81/2022
1. Grant leave to the appellant to file an Amended Notice of Appeal and vary the grant of special leave to appeal accordingly.
2. Appeal allowed.
3. Set aside the orders made by the Full Court of the Federal Court of Australia on 23 November 2021 (as varied by the orders of 15 December 2021) and in their place make the following orders:
(a) Appeal allowed.
(b) Set aside the orders made by Perry J on 20 July 2020 and in their place make the following orders:
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