Manihera v Minister for Immigration and Border Protection

1. The application be dismissed.
2. The applicant pay the respondent's costs, as assessed or agreed. 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 As a result, the parties accept the proceeding should now be dismissed. I now make the following orders: (1) The application be dismissed. (2) The applicant pay the respondent's costs, as assessed or agreed. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Barker.