NADH & Ors v MIMIA

[2005] HCATrans 373

[2005] HCATrans 373

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S264 of 2004

B e t w e e n -

NADH

First Applicant

NADI

Second Applicant

NADJ

Third Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Pronouncement of orders by consent

McHUGH J
HAYNE J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 27 MAY 2005, AT 9.31 AM

Copyright in the High Court of Australia

__________________

McHUGH J:   In this matter, the parties have filed consent orders signed by the relevant parties and the Court pronounces orders in accordance with their agreement, which is:

1. Special leave to appeal be granted;

1. The appeal be allowed;

1. The orders of Justice Allsop in the Federal Court of Australia made on 29 June 2004 be set aside and in place thereof, order that:

(a)      The appeal to the Federal Court be allowed;

(b)The orders of Federal Magistrate Raphael dated 26 June 2003 be set aside and, in place thereof, order that:

(i)     The decision of the Refugee Review Tribunal dated
  10 October 2002 be set aside; and

(ii)     The matter be remitted to the Refugee Review Tribunal for
  redetermination.

1. There be no order as to costs.

AT 9.32 AM THE MATTER WAS CONCLUDED