High Court of Australia
HIGH COURT OF AUSTRALIA
GAGELER CJ,
GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ
Matter No S126/2023
KATHERINE ANNE VICTORIA PEARSON PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA & ORS DEFENDANTS
Matter No B15/2024
JZQQ APPELLANT
AND
MINISTER FOR IMMIGRATION, CITIZENSHIP
AND MULTICULTURAL AFFAIRS & ANOR RESPONDENTS
Matter No P10/2024
KINGSTON TAPIKI APPELLANT
AND
MINISTER FOR IMMIGRATION, CITIZENSHIP
AND MULTICULTURAL AFFAIRS RESPONDENT
Matter No S130/2024
MINISTER FOR HOME AFFAIRS & ANOR APPLICANTS
AND
KATE PEARSON & ANOR RESPONDENTS
Matter No P33/2024
MINISTER FOR IMMIGRATION, CITIZENSHIP
AND MULTICULTURAL AFFAIRS APPLICANT
AND
KINGSTON TAPIKI & ANOR RESPONDENTS
Pearson v Commonwealth of Australia
JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs
Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs
Minister for Home Affairs v Pearson
Minister for Immigration, Citizenship and Multicultural Affairs v Tapiki
[2024] HCA 46
Date of Hearing: 9 & 10 October 2024
Date of Judgment: 4 December 2024
S126/2023, B15/2024, P10/2024, S130/2024 & P33/2024
ORDER
Matter No S126/2023
The questions stated for the opinion of the Full Court in the special case filed on 13 February 2024 be answered as follows:
Question 1: On their proper construction, do sub-items 4(3), (4), and (5)(b)(i) of Part 2 of Schedule 1 to the Migration Amendment (Aggregate Sentences) Act 2023 (Cth) (Amendment Act), as applied by s 3 of that Act, validate the decision of the third defendant to affirm the non-revocation decision?
Answer: Unnecessary to answer.
Question 2: Are sub-items 4(3), (4), and (5)(b)(i) of Part 2 of Schedule 1 to the Amendment Act, as applied by s 3 of that Act, invalid in their operation in respect of the cancellation decision, the non-revocation decision and the AAT's decision, on the ground that they purport to impermissibly usurp or interfere with the exercise of the judicial power of the Commonwealth?
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