Minister for Home Affairs v DMA18 as litigation guardian for DLZ18 [2020] HCA 43

Minister for Home Affairs v DMA18 as litigation guardian for DLZ18 [2020] HCA 43

Section 494AB of the Migration Act 1958 (Cth) creates a bar to the remedy, not to the Federal Court's jurisdiction—it provides a defence the Commonwealth may plead in relevant proceedings but does not withdraw or limit the court’s jurisdiction. Whether s 494AB applies to a particular proceeding depends on whether the issues, as pleaded and in light of the relief sought, relate to the subject matters listed in s 494AB(1). The Federal Court’s authority to determine the claims is not removed; rather, s 494AB confers a procedural answer (akin to a limitation bar) that the Commonwealth may plead.

Parties
Appellants: Minister for Home Affairs & Ors; Respondent: DMA18 as litigation guardian for DLZ18; Respondent: Marie Theresa Arthur as litigation representative for BXD18; Respondent: FRX17 as litigation representative for FRM17; Respondent: DJA18 as litigation representative for DIZ18
Jurisdiction
Australia
Judgment Date
02 December 2020
Procedural Posture
Appeal / High Court Judgment on Appeal From Full Court of Federal Court
Outcome
Appeals allowed, cross-appeals dismissed, Full Court orders set aside and new answers substituted to separate questions; each party to bear their own costs.
Legal Topics
Statutory Bar on Proceedings, Regional Processing, Jurisdiction, Duty of Care, Removal of Transitory Persons, Negligence, Statutory Interpretation
Immigration Law Administrative Law Tort Law Statutory Bar on Proceedings Regional Processing Jurisdiction Duty of Care Removal of Transitory Persons +2 more

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Parties

Minister for Home Affairs & Ors

Appellants

DMA18 as litigation guardian for DLZ18

Respondent

Marie Theresa Arthur as litigation representative for BXD18

Respondent

FRX17 as litigation representative for FRM17

Respondent

DJA18 as litigation representative for DIZ18

Respondent

Procedural Posture

Appeal / High Court Judgment on Appeal From Full Court of Federal Court

Legal Issues

  1. 1 Whether s 494AB of the Migration Act 1958 (Cth) limits the jurisdiction of the Federal Court or only bars certain proceedings as a defence
  2. 2 Whether s 494AB(1) of the Migration Act bars institution or continuation of negligence proceedings against the Commonwealth relating to transitory persons and regional processing
  3. 3 Whether the proceedings fall within s 494AB(1)(a), (ca), or (d)

Ratio Decidendi

Section 494AB of the Migration Act 1958 (Cth) creates a bar to the remedy, not to the Federal Court's jurisdiction—it provides a defence the Commonwealth may plead in relevant proceedings but does not withdraw or limit the court’s jurisdiction. Whether s 494AB applies to a particular proceeding depends on whether the issues, as pleaded and in light of the relief sought, relate to the subject matters listed in s 494AB(1). The Federal Court’s authority to determine the claims is not removed; rather, s 494AB confers a procedural answer (akin to a limitation bar) that the Commonwealth may plead.

Court Disposition

Appeals allowed, cross-appeals dismissed, Full Court orders set aside and new answers substituted to separate questions; each party to bear their own costs.

Orders

  • Appeal allowed (in all matters).
  • Paragraph 1 of the Full Court orders of 28 August 2019 set aside and replaced with answers: (a) No, but the respondents could plead that s 494AB applied; (b) No, but the respondents may plead that s 494AB applies and may apply for a stay if permitted.