Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors

Case

[2022] HCATrans 89


[2022] HCATrans 089

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M9 of 2022

B e t w e e n -

MARTIN JOHN DAVIS

Applicant

and

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

SECRETARY OF DEPARTMENT OF HOME AFFAIRS

Second Respondent

ASSISTANT DIRECTOR, MINISTERIAL INTERVENTION, DEPARTMENT OF HOME AFFAIRS

Third Respondent

Application for special leave to appeal

GAGELER J
STEWARD J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA BY VIDEO CONNECTION

ON THURSDAY, 12 MAY 2022, AT 9.32 AM

Copyright in the High Court of Australia

____________________

GAGELER J:   Justice Steward and I consider that special leave to appeal in this matter should be granted.  We make the following orders:

  1. The application for an extension of time for filing the application for special leave to appeal is granted.

  2. Special leave to appeal from the judgment of the Full Court of the Federal Court is granted.

  3. Within the time limited by rule 42.08.1 of the High Court Rules2004 (Cth), the first respondent is to file a notice of contention substantially in the form of the draft notice of contention annexed to the response to the application for special leave.

  4. The first respondent is to pay the applicant’s reasonable costs of the application for special leave to appeal.

I publish those orders.

AT 9.33 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Procedural Fairness

  • Natural Justice

  • Statutory Construction

  • Standing

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Cases Citing This Decision

4

High Court Bulletin [2022] HCAB 7
High Court Bulletin [2022] HCAB 6
High Court Bulletin [2022] HCAB 4
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