Elara v Assistant Minister for Immigration and Border Protection

1. The application be dismissed.
2. The applicant pay the respondent's costs as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

BARKER J: 1 I indicated in my reasons for judgment in this matter on 22 December 2017 that, subject to the decision of the High Court of Australia in Falzon v Minister for Immigration and Border Protection [2018] HCA 2, I would dismiss this matter. 2 The judgment in Falzon was handed down by the High Court of Australia on 7 February 2018. The appeal was dismissed. 3 The parties to this matter have agreed, in those circumstances, that final orders should be made under the following terms (which orders were made on 23 February 2018). (1) The application be dismissed. (2) The applicant pay the respondent's costs as agreed or assessed. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Barker.