Tahiri v Minister for Immigration and Citizenship [2012] HCA 61

HIGH COURT OF AUSTRALIA

FRENCH CJ, BELL AND GAGELER JJ

JAVED HUSSAIN TAHIRI PLAINTIFF

AND

MINISTER FOR IMMIGRATION AND CITIZENSHIP DEFENDANT

Tahiri v Minister for Immigration and Citizenship [2012] HCA 61 13 December 2012 M77/2012

ORDER

The questions stated in the special case be answered as follows:

Question 1: Did the Delegate make a jurisdictional error in finding that paragraph (a) of PIC 4015 was not satisfied in relation to each additional applicant?

Answer: No.

Question 2: Did the Delegate make a jurisdictional error in finding that paragraph (b) of PIC 4015 was not satisfied in relation to each additional applicant?

Answer: No.

Question 3: Was the Decision made in breach of the rules of natural justice?

Answer: No.

Question 4: Who should pay the costs of this special case?

Answer: The plaintiff.

Representation

L G De Ferrari with K E Grinberg for the plaintiff (instructed by Victoria Legal Aid)

S B Lloyd SC with C J Horan for the defendant (instructed by Australian Government Solicitor)

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

CATCHWORDS

Tahiri v Minister for Immigration and Citizenship

Immigration – Visa – Refugee and Humanitarian (Class XB) visa – Subclass 202 Global Special Humanitarian – Public interest criterion 4015 – Combined application by mother and dependent children as additional applicants – Where applicants citizens of Afghanistan living in Pakistan – Where children's father missing – Where delegate found children's "home country" to be Afghanistan – Where delegate not satisfied that father or relatives of father consented to grant of visa – Whether delegate's decision based on correct legal understanding of public interest criterion 4015 – Whether failure to disclose adverse material.