Manihera v Minister for Immigration and Border Protection (No 2)
[2018] FCA 273
•8 March 2018
FEDERAL COURT OF AUSTRALIA
Manihera v Minister for Immigration and Border Protection (No 2) [2018] FCA 273
File number: WAD 349 of 2017 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: 8 December 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: The Applicant appeared by telephone Counsel for the Respondent: Mr RJS French on 8 December 2017 with Mr AN Gerrard on 8 March 2018 Solicitor for the Respondent: The Office of the Australian Government Solicitor ORDERS
WAD 349 of 2017 BETWEEN: TAI WILLIAM MANIHERA
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:
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.
The judgment in Falzon was handed down by the High Court of Australia on 7 February 2018. The appeal was dismissed.
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
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