IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Melbourne No M146 of 2004
In the matter of -
An application for Writs of Prohibition, Mandamus and a Declaration against SENATOR THE HONOURABLE AMANDA VANSTONE, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Respondent
Ex parte –
AMOS BODE AME
Applicant/Prosecutor
GLEESON CJ
McHUGH J
GUMMOW J
KIRBY J
HAYNE J
CALLINAN J
HEYDON J
TRANSCRIPT OF PROCEEDINGS
AT CANBERRA ON THURSDAY, 3 MARCH 2005, AT 10.05 AM
Copyright in the High Court of Australia
__________________
MS K. RUBENSTEIN: If it pleases the Court, I appear with my learned friend, MR G.J. WILLIAMS, for the applicant. (instructed by Clothier Anderson & Associates)
MR D.M.J. BENNETT, QC: May it please the Court, I appear with my learned friends, MR G.R. KENNETT and MR G.A. HILL, for the respondent. I understand she was originally the third respondent, but is now the sole respondent. (instructed by Australian Government Solicitor)
GLEESON CJ: Yes, Ms Rubenstein.
MS RUBENSTEIN: Your Honours, I propose to present the oral argument on the following aspects of the applicant’s submission in answering the case stated questions for this Court’s consideration. First, the construction issue, that the applicant maintained his Australian citizenship by virtue of the Papua New Guinea Independence (Australian Citizenship) Regulations 1975, which I will continue to refer to as “the regulations”. Second, in the alternative, that the validity of those regulations, in light of the Papua New Guinea Independence Act, is that they are invalid. Third, again in the alternative, regarding the case stated question concerning the constitutional validity of the regulations, I will address your Honours on the submissions concerning section 51(xix), the aliens head of power.
My colleague, Mr Williams, will then address the Court on the remaining constitutional propositions raised in the applicant’s submissions concerning the limitations inherent in section 51(xix) extending to the exercise of other Commonwealth legislative power, and, finally, the broader constraints on altering the constitutional status of an individual.
Your Honours, if the submissions to any of those questions are answered in favour of the applicant, then we would argue that in relation to the case stated question regarding the application of the Migration Act to Mr Ame, that the answer is that he is not bound by those specific provisions listed.
Finally, your Honours, I will seek your directions as to whether you wish to heard submissions on the question of costs at the end of my initial submissions, or at the end of my reply to the respondents.
GLEESON CJ: At the end of your initial submissions.
MS RUBENSTEIN: Thank you, your Honour. First, your Honours, can I take you to this first question of construction. In doing so, I wish to remind the Court that Papua and New Guinea were distinct territories prior to Papua New Guinea independence. As the applicant’s submissions set out in detail in paragraph 15 to 20 on page 5 of the applicant’s submissions, Papua…
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- AGLC
- Re MIMIA; Ex Parte Ame [2005] HCATrans 66
- Case
- [2005] HCATrans 66
- Decision Date
CaseChat Overview and Summary
The central legal issue before the High Court was whether the Full Federal Court had erred in its interpretation of the jurisdictional error provisions within the *Migration Act*. This involved determining the scope of judicial review available for decisions made by MIRO, particularly concerning the question of whether a failure to provide reasons for a decision constituted a jurisdictional error that could be grounds for setting aside the decision.
The High Court, in refusing special leave, implicitly affirmed the Full Federal Court's reasoning. The Full Federal Court had held that a failure by MIRO to provide reasons for its decision, in circumstances where the governing legislation did not mandate such reasons, did not amount to a jurisdictional error. The court applied established principles of administrative law, distinguishing between errors of law that might render a decision invalid and jurisdictional errors that go to the very power of the decision-maker to make the decision. The court found that MIRO had acted within its statutory powers, and any omission to provide reasons, absent a statutory obligation, did not vitiate the decision.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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