Kural v The Queen

In *Kural v The Queen*, the High Court considered an application for judicial review concerning the rejection of a claim for refugee status. The prosecutor sought an order nisi, but the proceeding was referred to the Full Court under Order 55 rule 2.

The central legal issue before the Court was the appropriate procedure for the prosecutor's application for prerogative relief under section 75(v) of the Constitution, given the rejection of their refugee status claim.

The Court accepted an undertaking from the first respondent that the prosecutor would not be removed from Australia without 72 hours' written notice. The Court then directed that the application for prerogative relief be made by notice of motion to a Full Court, pursuant to Order 55 rule 2. Directions were also given regarding the filing and service of further affidavits, with liberty to apply on seven days' written notice. Costs of the proceedings on 24 December 1997 and the current day were reserved as costs in the cause.