Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN, STEWARD, GLEESON AND JAGOT JJMatter No M32/2022MARTIN JOHN DAVIS  APPELLANTANDMINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS & ORS  RESPONDENTSMatter No S81/2022DCM20  APPELLANTANDSECRETARY OF DEPARTMENT OF HOME AFFAIRS & ANOR  RESPONDENTSDavis v Minister for Immigration, Citizenship, Migrant Services and Multicultural AffairsDCM20 v Secretary of Department of Home Affairs[2023] HCA 10Date of Hearing: 19 & 20 October 2022Date of Judgment: 12 April 2023M32/2022 & S81/2022ORDERMatter No M32/20221. 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 S81/20221.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...