SZQBN v Minister for Immigration and Citizenship [2012] HCATrans 159 (22 June 2012)

Last Updated: 25 June 2012

[2012] HCATrans 159

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S367 of 2011

B e t w e e n -

SZQBN

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

Pronouncement of orders

GUMMOW J
CRENNAN J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 22 JUNE 2012, AT 9.33 AM

Copyright in the High Court of Australia

MR J.B. KING: May it please the Court, I appear for the applicant. (instructed by Parish Patience Immigration Lawyers)

MR G.T. JOHNSON, SC: May it please the Court, I appear for the respondent. (instructed by Australian Government Solicitor)

GUMMOW J: Now, there are some consent orders to be made, are there?

MR KING: Yes, your Honours.

GUMMOW J: We have a consent signed by both solicitors dated 6 June 2012?

MR KING: That is correct, your Honours.

GUMMOW J: The orders are:

1. Special leave be granted to appeal against the judgment of the Federal Court of Australia in SZQBN v Minister for Immigration and Citizenship [2011] FCA 1182.
   
2. Without prejudice to the other grounds of appeal raised in the draft notice of appeal, the appeal to this Court be allowed upon the ground that the jurisdiction of the Federal Court of Australia, in the appeal from the Federal Magistrates Court, is not limited to whether the federal magistrate made “jurisdictional error”.
   
3. The orders of the Federal Court of Australia, made 20 October 2011, be set aside, and the matter be remitted to that Court for rehearing of the appeal from the Federal Magistrates Court.
   
4. The respondent pay the costs of the applicant in this Court as agreed or taxed.
   
5. Costs in the courts below be left for decision by the Federal Court of Australia.
   
6. The Federal Court also determine whether the applicant be allowed to run any ground not previously advanced by him in that court or in the Federal Magistrates Court.
   

We make those orders.

MR KING: May it please the Court.

MR JOHNSON: If the Court pleases.

AT 9.34 AM THE MATTER WAS CONCLUDED