NAAV of 2001 v MIMIA

[2003] HCATrans 356

[2003] HCATrans 356

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S316 of 2002

B e t w e e n -

NAAV

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Pronouncement of Orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 12 SEPTEMBER 2003, AT 9.37 AM

Copyright in the High Court of Australia

GLEESON CJ:   In this matter, by consent, the Court makes the following orders:

1.        Special leave to appeal is granted;

2.        The appeal is allowed;

3.        The orders of the Full Court of the Federal Court of Australia made on 15 August 2002 are set aside and in lieu thereof it is ordered that the orders made by Justice Gyles on 15 March 2002 be set aside and in lieu thereof it is ordered that the decision of the second respondent handed down on 2 October 2001 be set aside and the matter be remitted to the second respondent, differently constituted, to be determined according to law;

4.        The first respondent is to pay the applicant’s costs of this application, the proceedings before the Full Court of the Federal Court of Australia and before Justice Gyles.

Does that cover everything?

MR L.J. KARP:   Yes, thank you, your Honour.

MR A. MARKUS:   If the Court pleases.

GLEESON CJ:   Thank you.

AT 9.38 AM THE MATTER WAS CONCLUDED