High Court of Australia
HIGH COURT OF AUSTRALIA
GAGELER CJ,
GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ
YBFZ PLAINTIFF
AND
MINISTER FOR IMMIGRATION, CITIZENSHIP AND
MULTICULTURAL AFFAIRS & ANOR DEFENDANTS
YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs
[2024] HCA 40
Date of Hearing: 6 August 2024
Date of Judgment: 6 November 2024
S27/2024
ORDER
The questions stated for the opinion of the Full Court in the special case filed on 23 May 2024 be answered as follows:
Question 1: Is cl 070.612A(1)(a) of Sch 2 to the Migration Regulations 1994 (Cth) invalid because it infringes Ch III of the Constitution, either alone or in its operation with cl 070.612A(1)(d)?
Answer: Yes.
Question 2: Is cl 070.612A(1)(d) of Sch 2 to the Migration Regulations 1994 (Cth) invalid because it infringes Ch III of the Constitution, either alone or in its operation with cl 070.612A(1)(a)?
Answer: Yes.
Question 3: What, if any, relief should be granted to the plaintiff?
Answer: It should be declared that cl 070.612A(1)(a) and cl 070.612A(1)(d) of Sch 2 to the Migration Regulations 1994 (Cth) are invalid.
Question 4: Who should pay the costs of the special case?
Answer: The defendants.
Representation
C L Lenehan SC and T M Wood with K E W Bones for the plaintiff (instructed by Refugee Legal)
S P Donaghue KC, Solicitor-General of the Commonwealth, with M A Hosking and S Zeleznikow for the defendants (instructed by Australian Government Solicitor)
M J Wait SC, Solicitor-General for the State of South Australia, with B L Garnaut for the Attorney-General for the State of South Australia, intervening (instructed by Crown Solicitor for South Australia)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs
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