Haidari v Minister for Immigration and Border Protection

The plaintiff, Mr Haidari, brought proceedings in the High Court of Australia against the Minister for Immigration and Border Protection. The dispute concerned the validity and application of a policy adopted by the Department and the Minister, which Mr Haidari contended was inconsistent with the *Migration Act 1958* (Cth) and its regulations. The matter came before the High Court for directions.

The central legal issue before the Court was whether the case, which involved questions regarding the validity of a departmental policy and its consistency with the *Migration Act* and regulations, was of sufficient public importance to be heard in the High Court, rather than being remitted to the Federal Circuit Court. A related issue was the plaintiff's standing to bring the action in the Federal Circuit Court, which was precluded by provisions of the *Migration Act*.

The Court considered submissions from both parties regarding the public importance of the case. The plaintiff argued that the policy affected a large number of visa applicants and proposers, and that determining the validity of the policy in the High Court would serve the interests of justice. The defendant agreed that the case had significant public importance, affecting tens of thousands of visa applications, and acknowledged the standing difficulties that would necessitate substitution of parties if the matter were remitted to the Federal Circuit Court. The Court ultimately made orders extending time for the application and adjourning further hearing for directions, with a view to the parties conferring on a special case to be settled.