Garland v Minister for Immigration, Citizenship and Multicultural Affairs & Anor

[2024] HCATrans 60

[2024] HCATrans 060

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth   No P20 of 2023

B e t w e e n -

TAKUTAI GARLAND

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

GORDON A‑CJ

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 6 SEPTEMBER 2024, AT 9.58 AM

Copyright in the High Court of Australia

HER HONOUR:   The Court has been advised by the parties that the respondents concede that the decision of the Administrative Appeals Tribunal, which I will define as “the Tribunal”, dated 29 June 2022 was affected by jurisdictional error and that the Full Court of the Federal Court erred in not so holding.  Specifically, the Full Court of the Federal Court erred in concluding that the error in the Tribunal’s reasoning was not material because the Tribunal placed significant weight on its erroneous conclusion that the applicant was “vulnerable” within the meaning of paragraph 8.4(2)(c) of Direction 90 and considered that there were factors which weighed in favour of revocation.

The respondents therefore accept that it is not fanciful or improbable that the Tribunal could have reached a different view, had it not made such an error.  The parties note that the decision of the Full Court was given prior to the decision of this Court in LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12.

The parties to this appeal have consented to the following orders:

1.The name of the first respondent be amended to the ‘Minister for Immigration and Multicultural Affairs’.

2.Special leave be granted to the applicant to appeal to this Court from the whole of the judgment and orders of the Full Court of the Federal Court of Australia given and made on 25 August 2023.

3.The appeal against the whole of the judgment of the Full Court of the Federal Court of Australia given and made on 25 August 2023 be allowed.

4.The orders of the Full Court of the Federal Court of Australia made on 25 August 2023 be set aside and in their place order that:

a.The appeal be allowed.

b.The orders of the Federal Court of Australia given and made on 23 March 2023 be set aside, and in lieu thereof it be ordered:

i.a writ of certiorari be issued to the second respondent removing into this Court and quashing its decision made on 29 June 2022 in file number 2022/2989.

ii.the application that is the subject of that decision be remitted to the second respondent for determination according to law.

c.The first respondent pay the appellant’s costs of the appeal.

5.There be no order as to costs in this Court.

The Court makes orders in accordance with the consent orders filed by the parties.  The Court will now adjourn to 10.00 am on Tuesday, 10 September 2024.

AT 10.01 AM THE MATTER WAS CONCLUDED