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

FEDERAL COURT OF AUSTRALIA


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

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