News National Gov’t visa bid fails in High Court

Gov’t visa bid fails in High Court

Twitter Facebook Reddit Pinterest Email

The High Court has quashed Immigration Minister Scott Morrison’s efforts to prevent a stateless refugee from applying for permanent residency in Australia.

The asylum-seeker arrived on Christmas Island by boat in December 2011.

· Queenslander charged with recruiting for ISIS
· Pistorius: The rise and fall of the Blade Runner

Assessed as a genuine refugee after four months, the man was held in detention for more than two years while the immigration department determined whether he was eligible to apply for a permanent protection visa.

Once satisfied the man met the requirements, the department handed the decision over to Mr Morrison.

However, instead of making a ruling, Mr Morrison granted the man a temporary safe haven visa and a temporary humanitarian concern visa.

The granting of the safe-haven visa, which is only valid for seven days, then prevented the man from making a valid application for a permanent visa.

“It was not disputed that the minister granted the seven-day visa for the purpose of engaging the prohibition on making a valid application for any visa …” the court ruled on Thursday.

In a unanimous ruling, judges ruled the “grant of that visa was invalid” and quashed both visas.

Mr Morrison will now consider whether to allow the man to apply for a permanent visa.