Helvaci v Minister for Immigration and Citizenship & Anor

[2009] HCATrans 96

[2009] HCATrans 096

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A11 of 2008

B e t w e e n -

IBRAHIM HELVACI

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

Pronouncement of orders by consent

FRENCH CJ
GUMMOW J
BELL J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 1 MAY 2009, AT 2.20 PM

Copyright in the High Court of Australia

FRENCH CJ:   This is an application for special leave to appeal from the decision of the Full Court of the Federal Court given on 9 May 2008 in relation to the applicant’s application for judicial review of the decision of the Migration Review Tribunal.  The parties to this application have agreed that special leave be granted and the appeal to this Court be allowed and they have filed a consent to orders giving effect to that agreement.  The orders of the Court are:

1.Time limit for filing application for special leave dispensed with.

2.Special leave to appeal granted.

3.Appeal allowed.

4.Set aside the order of the Full Court of the Federal Court made on 9 May 2008 in relation to the applicant’s application for review in matter ADG 17 of 2007, and in lieu thereof order that:

4.1The appeal to that court be allowed;

4.2The judgment of the federal magistrate dated 10 August 2007 in matter ADG 17 of 2007 be set aside, and in lieu thereof:

4.2.1Order absolute for writ of certiorari directed to the second respondent quashing the decision of the second respondent in matter 0504197 dated 18 December 2006;

4.2.2.Order absolute for writ of mandamus directed to the second respondent requiring it to determine the application made to it for review of the decision of the delegate of the first respondent dated 7 July 2005 to refuse the applicant a subclass 100 visa according to law;

4.2.3.Order that the first respondent pay the applicant’s costs of the proceedings in ADG 17 of 2007 fixed in the sum of $5,000 as provided for by Schedule 1, Part 2 of the Federal Magistrates Court Rules 2001.

4.3The first respondent pay the applicant’s costs of proceedings in SAD 137 of 2007, to be taxed in the absence of agreement between the parties.

5.The first respondent to pay the applicant’s costs of this appeal and application for special leave to appeal.

I publish those orders.

AT 2.22 PM THE MATTER WAS CONCLUDED