Plaintiff S297/2013 v Minister for Immigration and Border Protection

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJPLAINTIFF S297/2013  PLAINTIFFANDMINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR  DEFENDANTSPlaintiff S297/2013 v Minister for Immigration and Border Protection[2014] HCA 2420 June 2014S297/2013ORDERThe questions asked by the parties in the special case dated 22 April 2014 and referred for consideration by the Full Court be answered as follows:Question 1Is the Minister's determination made on 4 March 2014 pursuant to s 85 of the Migration Act invalid?AnswerYes.Question 2What, if any, relief sought in the further amended writ of summons and further amended statement of claim, dated 1 April 2014, should be granted to the plaintiff?AnswerA writ of mandamus directing the first defendant to consider and determine the plaintiff's application for a Protection (Class XA) visa according to law.Question 3Who should pay the costs of the proceeding?AnswerThe defendants should pay the costs of the special case.  The costs of the balance of the proceeding should be determined by a single Justice. RepresentationS B Lloyd SC with J B King for the plaintiff (instructed by Fragomen)S P Donaghue QC with P D Herzfeld for the defendants (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.CATCHWORDSPlaintiff S297/2013 v Minister for Immigration and Border ProtectionMigration – Refugees – Protection visas – Power of Minister under s 85 of Migration Act 1958 (Cth) to determine maximum number of visas of specified class granted in specified financial year, in...