CLM18 v Minister for Home Affairs (No 2) [2019] FCAFC 194

CLM18 v Minister for Home Affairs (No 2) [2019] FCAFC 194

The appropriate orders to give effect to the Full Court's earlier reasons were to set aside the second respondent's decision dated 2 March 2018 because the appellant was denied procedural fairness in relation to that decision, restrain the first respondent from relying on that decision, and require the first respondent to pay the appellant's costs of the Federal Circuit Court proceedings, as the relevant event was the appellant's status within the respondents' decision-making processes.

Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Migration Appeal / Determined on the Papers; Appropriate Orders to Give Effect to Earlier Reasons of the Full Court
Outcome
Additional orders made in place of orders 2 and 3 made by the primary judge on 7 May 2019.
Legal Topics
['procedural Fairness' 'non Refoulement Obligations' 'migration Act 1958 (cth) S 46 A' 'injunction' 'costs']
['migration' 'administrative and Constitutional Law and Human Rights'] ['procedural Fairness' 'non Refoulement Obligations' 'migration Act 1958 (cth) S 46 A' 'injunction' 'costs']

Case Brief

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Procedural Posture

Migration Appeal / Determined on the Papers; Appropriate Orders to Give Effect to Earlier Reasons of the Full Court

Legal Issues

  1. 1 ["What orders should be made to give effect to the Full Court's earlier reasons allowing the appeal." 'Whether the decision of the second respondent dated 2 March 2018 should be set aside for denial of procedural fairness.' "What scope of injunction should restrain the first respondent from relying on the second respondent's decision." 'How costs of the Federal Circuit Court of Australia proceedings should be dealt with.']

Ratio Decidendi

The appropriate orders to give effect to the Full Court's earlier reasons were to set aside the second respondent's decision dated 2 March 2018 because the appellant was denied procedural fairness in relation to that decision, restrain the first respondent from relying on that decision, and require the first respondent to pay the appellant's costs of the Federal Circuit Court proceedings, as the relevant event was the appellant's status within the respondents' decision-making processes.

Court Disposition

Additional orders made in place of orders 2 and 3 made by the primary judge on 7 May 2019.

Orders

  • ['The decision of the second respondent dated 2 March 2018 be set aside.' 'The first respondent, by himself, his officers, delegates or agents be restrained from relying on the decision referred to in order 1.' "The first respondent pay the appellant's costs of the proceedings in the Federal Circuit Court of...