Tapiki v. Minister for Immigration, Citizenship and Multicultural Affairs
Case No.
P10/2024
Case Information
Lower Court Judgment
19/10/2023 Federal Court of Australia (Katzmann, Derrington, Kennett JJ)
Catchwords
Constitutional law – Judicial power of Commonwealth – Usurpation or interference with Commonwealth judicial power – Where appellant New Zealand national – Where appellant's Australian visa purportedly cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where appellant sentenced to 12 months' imprisonment imposed in September 2020 – Where delegate considered appellant had "been sentenced to a term of imprisonment of 12 months or more" within meaning of s 501(7)(c) – Where appellant unsuccessfully sought revocation of cancellation – Where Administrative Appeals Tribunal ("Tribunal") affirmed non-revocation decision – Where appellant released from immigration detention following decision in Pearson v Minister for Home Affairs (2022) 295 FCR 177 ("Pearson") – Where appellant succeeded in Full Federal Court on appeal and in original jurisdiction, declaring Tribunal's decision and cancellation decision invalid – Where following Pearson, Migration Amendment (Aggregate Sentences) Act 2023 (Cth) ("Amending Act") enacted – Where appellant taken back into immigration detention after commencement of Amending Act – Where appellant commenced proceedings in original jurisdiction of Federal Court for declaration items 4(3), 4(4) and 4(5)(b)(i) of Amending Act invalid, and writ of habeas corpus – Where Full Court dismissed application – Whether Full Court erred in not finding relevant items of Amending Act invalid usurpation or interference with judicial power of Commonwealth by reversing or dissolving effect of orders made by Chapter III court.
Constitutional law – Powers of Commonwealth Parliament – Acquisition of property on just terms – Whether Full Court erred in not finding relevant item of Amending Act effectuated acquisition of property other than on just terms contrary to s 51(xxxi) of Constitution by extinguishing cause of action for false imprisonment..
Documents*
07/03/2024 Determination
15/03/2024 Notice of appeal
24/04/2024 Written submissions (Appellant)
24/04/2024 Chronology (Appellant)
22/05/2024 Written submissions (Respondent)
12/06/2024 Reply
*The due dates shown for documents on this page are indicative only.