In September 2012, then immigration minister Labor's Chris Bowen permitted the man to make a valid application for a permanent protection visa. According to the court documents, he made the application, which was then refused by a delegate of the minister. The plaintiff sought a review of that decision by the Refugee Review Tribunal. It was here that the man was found to be a refugee by the tribunal. But Mr Bowen did not decide on the case, the documents say. It was not until June 2014 that the High Court found the minister, now the Coalition's Mr Morrison, should "consider and determine" the man's application for a permanent protection visa according to law. But Mr Morrison refused, saying it was in the national interest that the man did not receive a visa.

He has also announced that his decision to deny visas in "the national interest" cannot be reviewed by the tribunal. New Immigration Minister Peter Dutton acknowledged the High Court's decision, saying the man would be issued a protection visa within seven days. "The Department of Immigration and Border Protection is looking into the implications of the decision, but they appear to be limited," a spokesman said. The spokesman said the decision would not affect the governments policy that people who arrived by boat would not be granted permanent protection visas. However human rights lawyer David Manne, who led the man's original High Court case, said the decision could have broader implications for other asylum seekers.

"We are studying the decision very closely to see whether the ruling could also apply to many other refugees who arrived by boat but were refused a permanent protection visa in 2013," he said. "The High Court has found that a device used by the government to circumvent the law and bar people from obtaining a protection visa was not according to law." Greens immigration spokeswoman Sarah Hanson-Young said Mr Morrison should have recognised Australia's international obligations and granted this man a protection visa when he was found to be a refugee. "The immigration minister is not above the law, despite his consistent efforts to undermine the Parliament and the High Court," she said. "This man is a refugee, he came to Australia asking for help and it's only after being dragged through the courts that the government will recognise its duty and offer him protection."

In July last year, Mr Morrison said he would refuse all permanent protection visas based on a "national interest" test. The reasons for refusing a visa include not "rewarding" those who arrive "illegally" with the same permanent visa outcomes that are available to those who "who abide by Australia's visa requirements". In a statement to those seeking refugee status at the time, Mr Morrison wrote: "If you have been found to engage Australia's protection obligations and have met health, security and character checks, but the Minister has found that it is not in the national interest to grant you a permanent protection visa, you are not subject to removal from Australia. "The department will contact you about a temporary stay in Australia. If you live in the community with a valid bridging visa, you must receive an offer for a temporary stay and you must have accepted that offer, before a visa can be granted to you. "If you are in detention, including community detention, the minister may decide to grant you a visa and no offer or acceptance is required." with Michael Gordon