BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2022] HCATrans 41

[2022] HCATrans 041

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S95 of 2021

B e t w e e n -

BDS20

Applicant

and

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Respondent

Application for special leave to appeal

KEANE J
GLEESON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA BY VIDEO CONNECTION

ON FRIDAY, 18 MARCH 2022, AT 11.30 AM

Copyright in the High Court of Australia

KEANE J:   In accordance with the Court’s protocol for when sitting remotely, I will announce the appearances for the parties.

MR N.M. WOOD, SC, appears with MR B.C. OVEREND for the applicant.  (instructed by Kamara Lawyers & Advisors)

MR C.L. LENEHAN, SC, appears with MR C.J. TRAN for the respondent.  (instructed by Sparke Helmore Lawyers)

KEANE J:   Gentlemen, I understand that the parties join in inviting the Court to make a consent order in terms of exhibit AB6 to Mr Kamara’s affidavit that was filed yesterday.

MR WOOD:  Yes, your Honour, that is correct from our perspective.

KEANE J:   And Mr Lenehan?

MR LENEHAN:   That is so, your Honour.

KEANE J:   Very well.  Then, by consent, the Court orders that:

1.Special leave be granted in respect of proposed ground 1 of the proposed amended application for special leave to appeal.

2.The appellant be given leave to file a notice of appeal in the form that appears in exhibit AB4 to the affidavit of Oumaru Kamara dated 16 March 2022.

3.The appeal be treated as instituted and heard instanter and allowed.

4.Order 1 of the orders of the Full Court of the Federal Court made on 7 June 2021 be set aside and in its place it be ordered that:

(i)the appeal to the Full Court of the Federal Court be allowed;

(ii)order 1 of the orders of the Federal Court made on 14 August 2020 be set aside and in its place it be ordered that a writ of certiorari issue to quash the decision of the Minister made on 24 February 2020 not to revoke the cancellation of the applicant’s visa.

5.There be no order as to costs.

Is there anything further, gentlemen?

MR WOOD:   No, your Honour.

MR LENEHAN:   No, thank you.

KEANE J:   Very well.  Then adjourn the Court, please.

AT 11.32 AM THE MATTER WAS CONCLUDED