Bodruddaza v Minister for Immigration and Multicultural Affairs [2007] HCA 14

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

KAZI FAZLY ALAHI BODRUDDAZA PLAINTIFF

AND

MINISTER FOR IMMIGRATION AND MULTICULTURAL

AFFAIRS DEFENDANT

Bodruddaza v Minister for Immigration and Multicultural Affairs

[2007] HCA 14

18 April 2007

S241/2006

ORDER

Questions asked in the special case be answered as follows:

(1) Q. Does s 486A(1) of the Migration Act 1958 apply to the plaintiff's application to the High Court for remedies to be granted in exercise of the Court's original jurisdiction?

A. Yes.

(2) Q. If the answer to Question 1 is yes for any or all of the remedies applied for, is s 486A of the Migration Act 1958 invalid in respect of the plaintiff's application?

A. Yes.

(3) Q. If appropriate to answer having regard to the answers to questions 1 and 2, did the delegate of the Minister make a jurisdictional error in the course of assessing the plaintiff's visa application?

A. No.

(4) Q. By whom should the costs of the proceeding in this Honourable Court be borne?

A. The defendant should bear the costs of the plaintiff reasonably necessary for the determination of questions 1 and 2. The plaintiff should bear the costs associated with preparing and presenting the case in relation to question 3.

Representation

S B Lloyd with L J Karp for the plaintiff (instructed by Parish Patience Immigration Lawyers)

D M J Bennett QC, Solicitor-General of the Commonwealth with G R Kennett for the defendant and intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

S F Stretton with L K Byers intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor's Office South Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.