Thursday, March 25, 2010

New HCA Judgment

One new decision was published today. We'll have the summary up soon but for now:

Berenguel v Minister for Immigration and Citizenship [2010] HCA 8

The Court quashed a decision rejecting the plaintiff's visa application. The Court found that the minister had misconstrued a provision of the Migration Regulations 1994 (Cth) relating to the timing of the provision of an English Language Proficiency test.

This case was heard in the Courts original jurisdiction (before three Judges) under s 75 of the Constitution. It was decided back in early March. Like many s 75 [immigration] applications it was ex temped. Unlike many s 75 [immigration] applications it was successful. Ordinarily the Court does not publish the ex tempore reasons of small applications like this but for some reason this one made it to the medium neutral citation.

[Update: the words in square brackets were added after the original post.]

[UPDATE 09/4/10: A lamp post summary of the case can now be found here.]

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