Plaintiff M79/2012 v Minister for Immigration and Citizenship

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, BELL AND GAGELER JJPLAINTIFF M79/2012  PLAINTIFFANDMINISTER FOR IMMIGRATION AND CITIZENSHIP  DEFENDANTPlaintiff M79/2012 v Minister for Immigration and Citizenship[2013] HCA 2429 May 2013M79/2012ORDERThe questions asked by the parties in the Amended Special Case dated 30 October 2012 and referred for consideration by the Full Court be answered as follows:Question 1Was the plaintiff validly granted the temporary safe haven visa?AnswerYes.Question 2Is the plaintiff's application for a protection visa a valid application?AnswerNo. Question 3Who should pay the costs of this Special Case?AnswerThe plaintiff.RepresentationM R Pearce SC and L G De Ferrari for the plaintiff (instructed by Baker & McKenzie)J T Gleeson SC, Acting Solicitor-General of the Commonwealth with S P Donaghue SC and K L Walker for the defendant (instructed by Sparke Helmore)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPlaintiff M79/2012 v Minister for Immigration and CitizenshipAdministrative law – Migration – Refugees – Minister exercised power under s 195A(2) of Migration Act 1958 (Cth) to grant plaintiff temporary safe haven visa permitting stay of seven days and bridging visa permitting stay of six months – Temporary safe haven visa granted to engage bar imposed by s 91K of Act on making valid application for protection visa – Whether decision to grant temporary safe haven visa made without power – Whether decision to grant temporary safe haven visa made for improper purpose – Whether plaintiff's application for protection visa valid.Migration Act 1958 (Cth), ss...