High Court of Australia

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

Minister for Home Affairs v Marie Theresa Arthur as litigation representative for BXD18

Minister for Home Affairs v FRX17 as litigation representative for FRM17

Minister for Home Affairs v DJA18 as litigation representative for DIZ18

2 Dec 2020

Case Number: M27/2020 M28/2020 M29/2020 M30/2020

Before

KIEFEL CJ, BELL, GAGELER, KEANE, GORDON JJ

Catchwords

Immigration – Regional processing – Statutory bar on legal proceedings – Where s 494AB(1) of Migration Act 1958 (Cth) provided that certain "proceedings against the Commonwealth may not be instituted or continued in any court" – Where those proceedings, listed in s 494AB(1)(a)-(d), were all "proceedings relating to" a particular subject matter – Where proceedings in s 494AB(1)(b) further defined by reference to time period – Where s 494AB(3) provided that nothing in section intended to affect jurisdiction of High Court under s 75(v) of Constitution – Where respondents, while in regional processing country, instituted proceedings in Federal Court of Australia alleging Commonwealth breached duty of care to provide adequate medical treatment on Nauru – Where Commonwealth alleged Federal Court did not have jurisdiction by reason of s 494AB(1)(a), (ca) or (d) – Whether s 494AB(1) limited jurisdiction or barred remedy – Whether respondents' proceedings in Federal Court engaged s 494AB(1).

Words and phrases – "bars the remedy", "duty of care", "instituted or continued", "jurisdiction", "medical treatment", "model litigant", "model litigant obligations", "Nauru", "negligence", "plead as a defence", "proceedings against the Commonwealth", "proceedings relating to", "regional processing", "removal", "transitory person", "under".

Constitution – ss 75, 77.

Migration Act 1958 (Cth) – ss 198AB, 198AD, 198AH, 198AHA, 198B, 494AA, 494AB.
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