Plaintiff M19A/2024 v Minister for Immigration and Multicultural Affairs

HIGH COURT OF AUSTRALIAGAGELER CJ,STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJPLAINTIFF M19A/2024 & ORS  APPELLANTSANDMINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS  RESPONDENTPlaintiff M19A/2024 v Minister for Immigration and Multicultural Affairs[2025] HCA 17Date of Judgment: 10 April 2025M92/2024ORDER1.The name of the Respondent be amended from 'Minister for Immigration, Citizenship and Multicultural Affairs' to 'Minister for Immigration and Multicultural Affairs'.2.Appeal allowed.3.Set aside the orders made by Justice Gordon on 18 October 2024, and, in their place, order that:(a)A writ of certiorari issue directed to the Respondent quashing the decision of the delegate of the Respondent dated 19 December 2019 to cancel the First Appellant's Protection (Class XA) (subclass 866) visa.(b)Declare that the Protection (Class XA) (subclass 866) visas held by the Second Appellant and Third Appellant were not cancelled by operation of s 140 of the Migration Act 1958 (Cth).(c)The Respondent pay the Appellants' costs of the proceeding (M19/2024), except the costs of the hearing on 26 July 2024.4. The Respondent to pay the Appellants' costs of the appeal (M92/2024) and of the application for leave to appeal (M97/2024).On appeal from the High Court of AustraliaRepresentationThe appellants are represented by the Asylum Seeker Resource CentreThe respondent is represented by the Australian Government SolicitorNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPlaintiff M19A/2024 v Minister for Immigration and Multicultural AffairsHigh Court – Appellate jurisdiction – Practice – Reasons for judgment – Where first appellant sent Notice of Intention to Consider Cancellation ("NOICC")...