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

Case [2018] FCA 273


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:

  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. 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

Details
AGLC
Manihera v Minister for Immigration and Border Protection (No 2) [2018] FCA 273
Case
[2018] FCA 273
Decision Date

CaseChat Overview and Summary

Manihera v Minister for Immigration and Border Protection (No 2) involved the applicant, a New Zealand citizen, who had previously been the subject of a visa cancellation and removal order. The applicant sought judicial review of the Minister for Immigration and Border Protection's decision to dismiss his application for a Bridging visa (E). The matter was heard by the Federal Court of Australia, with the Hon Justice Bromberg presiding.

The primary legal issue before the court was whether the Minister's decision to refuse the applicant a Bridging visa (E) was lawful and rational. Specifically, the court had to consider whether the Minister's decision was based on relevant and irrelevant considerations, whether there was an error of law, and whether the decision-making process complied with the applicable legal framework.

Justice Bromberg found that the Minister's decision was not tainted by jurisdictional error and was thus lawful. The court held that the Minister's decision was based on relevant considerations, and there was no evidence of an irrelevant consideration influencing the outcome. The court further held that the Minister's decision was not unreasonable or irrational, as it was supported by the applicant's criminal history and the potential risk he posed to the Australian community. Consequently, the court dismissed the applicant's application for judicial review and ordered the applicant to pay the Minister's costs, as assessed or agreed.

Orders

Orders of the court

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.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.