Tahiri v Minister for Immigration and Citizenship

HIGH COURT OF AUSTRALIAFRENCH CJ,BELL AND GAGELER JJJAVED HUSSAIN TAHIRI  PLAINTIFFANDMINISTER FOR IMMIGRATION AND CITIZENSHIP  DEFENDANTTahiri v Minister for Immigration and Citizenship[2012] HCA 6113 December 2012M77/2012ORDERThe 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.RepresentationL 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.CATCHWORDSTahiri v Minister for Immigration and CitizenshipImmigration – 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...