Minister for Immigration and Border Protection v Makasa
Case
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[2020] HCATrans 81
Details
AGLC
Case
Decision Date
Minister for Immigration and Border Protection v Makasa [2020] HCATrans 81
[2020] HCATrans 81
CaseChat Overview and Summary
In the High Court of Australia, the Minister for Immigration and Border Protection sought special leave to appeal a decision of the Full Court of the Federal Court of Australia concerning Mr Makasa. The precise nature of the dispute between the parties is not detailed in this transcript, but it involved an appeal from a decision of the Full Court.
The primary legal issue before the High Court was whether to grant special leave to appeal. This involved considering whether the appeal raised a question of law that warranted the High Court's attention, and whether it was in the interests of justice to grant leave.
The High Court, constituted by Gordon J and Edelman J, granted special leave to appeal. This decision was made subject to two conditions: firstly, that the costs orders made by the Full Court of the Federal Court of Australia would not be disturbed, and secondly, that the applicant (the Minister) would pay the reasonable costs of the respondent (Mr Makasa) in the High Court. The Court also indicated that directions for the hearing of the appeal would be provided.
The primary legal issue before the High Court was whether to grant special leave to appeal. This involved considering whether the appeal raised a question of law that warranted the High Court's attention, and whether it was in the interests of justice to grant leave.
The High Court, constituted by Gordon J and Edelman J, granted special leave to appeal. This decision was made subject to two conditions: firstly, that the costs orders made by the Full Court of the Federal Court of Australia would not be disturbed, and secondly, that the applicant (the Minister) would pay the reasonable costs of the respondent (Mr Makasa) in the High Court. The Court also indicated that directions for the hearing of the appeal would be provided.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Procedural Fairness
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Most Recent Citation
High Court Bulletin [2020] HCAB 4
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