Hooton v Minister for Immigration and Border Protection (No 2)

[2018] FCA 274

FEDERAL COURT OF AUSTRALIA

Hooton v Minister for Immigration and Border Protection (No 2) [2018] FCA 274

File number:	WAD 527 of 2016
Judge:	BARKER J
Date of judgment:	8 March 2018
Catchwords:	MIGRATION – application dismissed
Cases cited:	Falzon v Minister for Immigration and Border Protection [2018] HCA 2
Date of hearing:	17 March 2017 and 8 March 2018
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 JL Cameron
Counsel for the Respondent:	Mr PR Macliver on 17 March 2017 with Mr AN Gerrard on 8 March 2018
Solicitor for the Respondent:	Office of the Australian Government Solicitor

ORDERS

WAD 527 of 2016

BETWEEN:

PAUL REX HOOTON

Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Respondent

JUDGE:	BARKER J
DATE OF ORDER:	8 MARCH 2018

THE COURT ORDERS THAT:

1.The application be dismissed.

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

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 29 May 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. As a result, the parties accept the proceeding should now be dismissed. I now make the following orders:

   (1)The application be dismissed.

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

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