Javillonar, Ex parte MIMA

Case

[2001] HCATrans 298

No judgment structure available for this case.

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S160 of 2001

In the matter of -

An application for Writs of Prohibition and Certiorari against THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Ex parte –

LUISITO JAVILLONAR

Applicant/Prosecutor

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 28 AUGUST 2001, AT 10.17 AM

Copyright in the High Court of Australia

MR R.P.L. LANCASTER:   I appear for the prosecutor, your Honour.  (instructed by Parish Patience)

MR N.J. WILLIAMS:   I appear for the respondent, your Honour.  (instructed by Sparke Helmore)

HIS HONOUR:   I understand the parties in this matter have agreed on orders, is that so?

MR LANCASTER:   Yes.

MR WILLIAMS:   That is so, your Honour.

HIS HONOUR:   The Court would wish me to make the orders?

MR LANCASTER:    Yes, your Honour.

HIS HONOUR:   Very well, I will make those orders. 

In the matter of an application for writs of prohibition and certiorari  against the Minister for Immigration and Multicultural Affairs, as respondent, Ex parte Luisito Javillonar, the Court orders, by consent:

(1)Order absolute for a writ of prohibition prohibiting the respondent from taking action on the decision of the respondent made on 3 March 2001;

(2)Order that a writ of certiorari issue to quash the decision of the respondent made on 3 March 2001;

(3)The respondent is to pay the costs of the applicant/prosecutor.

(4)I certify this was a proper matter for the attendance of counsel at chambers.

Is there anything further?

MR LANCASTER:    If it please the Court, no, your Honour.

MR WILLIAMS:   If it please the Court.

AT 10.18 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Procedural Fairness

  • Natural Justice

  • Standing

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