AAR15 v Minister for Immigration and Border Protection & Anor

[2016] HCATrans 267

[2016] HCATrans 267

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P50 of 2016

B e t w e e n -

AAR15

Appellant

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

KIEFEL J
BELL J
GAGELER J
KEANE J
NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 11 NOVEMBER 2016, AT 10.02 AM

Copyright in the High Court of Australia

KIEFEL J:   The parties in this proceeding filed a consent on 1 November 2016 to the making of orders disposing of the proceeding.  The Court makes the following orders by consent:

1.Appeal allowed.

2.Set aside orders 2 and 3 of the orders made by the Federal Court of Australia on 19 February 2016 and in their place order:

(a)the appeal be allowed;

(b)the orders made by the Federal Circuit Court of Australia on 14 September 2015 be set aside and in their place order that:

(i)a writ of certiorari issue directed to the second respondent quashing its decision made on 19 January 2015;

(ii)a writ of mandamus issue directed to the second respondent requiring it to hear and determine according to law the application for review of the decision of the delegate of the first respondent dated 23 August 2013;

(iii)the first respondent pay the applicant’s costs;

(c)the first respondent pay the appellant’s costs.

3.The first respondent pay the appellant’s costs of the appeal to this Court.

AT 10.03 AM THE MATTER WAS ADJOURNED