Minister for Immigration and Border Protection v WZAPN

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, GAGELER AND KEANE JJMatter No M17/2015MINISTER FOR IMMIGRATION AND BORDER PROTECTION  APPELLANTANDWZAPN & ANOR  RESPONDENTSMatter No P10/2015WZARV  APPELLANTANDMINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR  RESPONDENTSMinister for Immigration and Border Protection v WZAPNWZARV v Minister for Immigration and Border Protection[2015] HCA 2217 June 2015M17/2015 & P10/2015ORDERMatter No M17/20151.Appeal allowed. 2.Set aside the declaration of the Federal Court of Australia made on 3 September 2014. 3.Set aside orders 5 and 6 of the orders of the Federal Court of Australia made on 3 September 2014 and, in their place, order that:(a)order 2 of the orders of the Federal Magistrates Court made on 31 January 2013 be set aside; and(b)the appeal be otherwise dismissed. 4.The appellant is to pay the first respondent's costs of the appeal to this Court. Matter No P10/2015Appeal dismissed with costs.  On appeal from the Federal Court of AustraliaRepresentationS P Donaghue QC with L T Brown for the appellant in M17/2015 and the first respondent in P10/2015 (instructed by Australian Government Solicitor)S E J Prince with P W Bodisco for the appellant in P10/2015 (instructed by Rasan T Selliah & Associates)R M Niall QC with A F Solomon-Bridge for the first respondent in M17/2015 (instructed by Maddocks)Submitting appearances for the second respondent in both mattersNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration and Border Protection v WZAPN WZARV v Minister for Immigration and Border Protection Migration...