Minister for Immigration and Border Protection v SZMTA

HIGH COURT OF AUSTRALIABELL, GAGELER, KEANE, NETTLE AND GORDON JJMatter No S36/2018MINISTER FOR IMMIGRATION AND BORDER PROTECTION  APPELLANTANDSZMTA & ANOR  RESPONDENTSMatter No M75/2018CQZ15  APPELLANTANDMINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR  RESPONDENTSMatter No S135/2018BEG15  APPELLANTANDMINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR  RESPONDENTSMinister for Immigration and Border Protection v SZMTACQZ15 v Minister for Immigration and Border ProtectionBEG15 v Minister for Immigration and Border Protection[2019] HCA 313 February 2019S36/2018, M75/2018 & S135/2018ORDERMatter No S36/20181. Appeal allowed.2. Set aside the orders made by the Federal Court of Australia on 5 September 2017 and, in their place, order that the appeal to that Court from the Federal Circuit Court of Australia be dismissed with costs.3. The first respondent pay the appellant's costs of the appeal to this Court.Matter No M75/20181.Appeal dismissed with costs. 2. Application for special leave to cross-appeal dismissed with costs.Matter No S135/2018Appeal dismissed with costs.On appeal from the Federal Court of Australia RepresentationG R Kennett SC with R S Francois for the appellant in S36/2018 (instructed by Clayton Utz Lawyers) S E J Prince with S Blount and P W Bodisco for the first respondent in S36/2018 (instructed by Shelly Legal) L G De Ferrari SC with C L Symons for the appellant in M75/2018 (instructed by Victoria Legal Aid) G R Kennett SC with B D Kaplan for the first respondent in M75/2018 (instructed by Australian Government Solicitor)S E J Prince for the appellant in S135/2018 (instructed by Michaela Byers, Solicitor) G R Kennett SC with B D Kaplan...