Plaintiff M19A/2024 & Ors v. Minister for Immigration and Multicultural Affairs
Case No.
M92/2024; M97/2024
Case Information
Lower Court Judgment
18/10/2024 High Court of Australia (Gordon J)
Catchwords
High Court – appellate jurisdiction – practice – reasons for judgment – where first three appellants granted permanent protection visas in 2011 – where delegate of respondent sent "Notice of Intention to Consider Cancellation" to first appellant under s 116 of Migration Act 1958 (Cth) – where first appellant did not receive notification because of change of address – where respondent proceeded to cancellation of visa in 2019 – where first appellant did not receive notification and only discovered cancellation in June 2021 – where no review available in Administrative Appeals Tribunal – where appellants sought constitutional or other writ in original jurisdiction of High Court – application dismissed by primary judge (Gordon J) – where on appeal the appellants sought leave to argue new ground not raised below – whether the decision of the delegate of the Minister to cancel the first appellant's protection visa was vitiated by jurisdiction error – where the delegate of the Minister gave weight to the fact that the fist appellant did not respond to the notice – where there was no legal obligation on the first appellant to respond to such a notice – where, before the hearing of the appeal, the Minister for Immigration and Multicultural Affairs conceded jurisdictional error raised by the appellants – consent to orders allowing the appeal filed by the parties – whether reasons for decision required when orders sought by consent – whether appropriate to make orders by consent.
Documents*
01/11/2024 Notice of Appeal (M92/2024)
15/11/2024 Application for leave to appeal (M97/2024)
03/12/2024 Order consolidating matters and making programming orders
11/12/2024 Amended Notice of appeal
31/01/2025 Written submissions (Appellants)
31/01/2025 Chronology (Appellants)
28/02/2025 Written submissions (Respondent)
14/03/2025 Reply
10/04/2025 Judgment (Judgment summary)
*The due dates shown for documents on this page are indicative only.