Alshams, Ex parte - Re RRT

[2001] HCATrans 384

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Sydney  No S222 of 2001

In the matter of -

An application for writs of Certiorari and Mandamus and Prohibition against REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondents

Ex parte –

MAQSOOD ALSHAMS

Applicant/Prosecutor

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 15 OCTOBER 2001, AT 10.15 AM

Copyright in the High Court of Australia

MR D.H. PATCH:    I appear for the prosecutor.  (instructed by Parish Patience)

MS A.M. NANSON:   I appear for the first and second respondent.  (instructed by the Australian Government Solicitor)

MR PATCH:   Your Honour, there are draft orders by consent which I hand up.

HIS HONOUR:   Yes.  You agree to these orders?

MS NANSON:   Yes, your Honour.

HIS HONOUR:   Very well.  In this matter the Court orders that:

(1)Order absolute be granted for a writ of prohibition prohibiting the respondent from taking action on the decision of the first respondent made on 27 September 1999.

(2)Time be extended and a writ of certiorari issue to quash the decision of the first respondent made on 27 September 1999.

(3)In respect of the application by the prosecutor dated 25 September 2001, order absolute be granted for a writ of mandamus requiring the first respondent to consider and determine the application according to law.

(4)The respondents pay prosecutor’s costs of the proceedings in this Court.

Anything further?

MR PATCH:    No, thank you, your Honour.

HIS HONOUR:   Thank you.

AT 10.17 AM THE MATTER WAS CONCLUDED