Miller v Minister for Immigration, Citizenship and Multicultural Affairs

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, JAGOT AND BEECH‑JONES JJJOSEPH MILLER  APPELLANTANDMINISTER FOR IMMIGRATION, CITIZENSHIPAND MULTICULTURAL AFFAIRS & ANOR                  RESPONDENTSMiller v Minister for Immigration, Citizenship and Multicultural Affairs[2024] HCA 13Date of Hearing: 14 February 2024Date of Judgment: 17 April 2024S120/2023ORDER1.Appeal allowed.2.Set aside the orders made by the Full Court of the Federal Court of Australia on 15 November 2022 and, in their place, order that:(a)the appeal be allowed;(b)order 2 of the orders made by the Federal Court of Australia on 4 May 2022 be set aside and, in its place, order that the application for review filed in the Administrative Appeals Tribunal on 24 March 2021 be remitted to the Tribunal, differently constituted, for determination according to law; and(c)the first respondent pay the appellant's costs of the proceeding in the Federal Court of Australia and of the appeal to the Full Court of the Federal Court of Australia.3.The first respondent pay the appellant's costs of the appeal to this Court.On appeal from the Federal Court of AustraliaRepresentationP D Herzfeld SC with J G Wherrett for the appellant (instructed by Zarifi Lawyers)N M Wood SC with K R McInnes for the first respondent (instructed by Sparke Helmore Lawyers)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMiller v Minister for Immigration, Citizenship and Multicultural AffairsStatutes – Construction – Non-compliance with condition precedent to exercise of statutory jurisdiction – Consequences for validity of exercise of...