Elara v Assistant Minister for Immigration and Border Protection (No 2)

[2018] FCA 265

FEDERAL COURT OF AUSTRALIA

Elara v Assistant Minister for Immigration and Border Protection (No 2) [2018] FCA 265

File number:	WAD 245 of 2017
Judge:	BARKER J
Date of judgment:	23 February 2018
Catchwords:	MIGRATION – application dismissed
Cases cited:	Falzon v Minister for Immigration and Border Protection [2018] HCA 2
Date of hearing:	22 December 2017
Registry:	Western Australia
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	Catchwords
Number of paragraphs:	3
Counsel for the Applicant:	Mr WF Markwell
Counsel for the Respondent:	Mr PJ Hannan
Solicitor for the Applicant:	Sparke Helmore Lawyers

ORDERS

WAD 245 of 2017

BETWEEN:

DAVID JOHN ELARA

Applicant

AND:

ASSISTANT MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Respondent

JUDGE:	BARKER J
DATE OF ORDER:	23 FEBRUARY 2018

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent’s costs as agreed or assessed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BARKER J:

1. I indicated in my reasons for judgment in this matter on 22 December 2017 that, subject to the decision of the High Court of Australia in Falzon v Minister for Immigration and Border Protection [2018] HCA 2, I would dismiss this matter.

2. The judgment in Falzon was handed down by the High Court of Australia on 7 February 2018.  The appeal was dismissed.

3. The parties to this matter have agreed, in those circumstances, that final orders should be made under the following terms (which orders were made on 23 February 2018).

   (1)The application be dismissed.

   (2)The applicant pay the respondent’s costs as agreed or assessed.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Barker.

Associate:

Dated:        8 March 2018