NAEN v MIMIA & Anor

[2005] HCATrans 549

[2005] HCATrans 549

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S82 of 2004

B e t w e e n -

NAEN

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

For the pronouncement of orders by consent

GLEESON CJ
McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 9.31 AM

Copyright in the High Court of Australia

GLEESON CJ:   By consent the Court makes the following orders:

1.        Special leave be granted to the applicant to appeal to this Court from the judgment and order of the Full Court of the Federal Court of Australia given and made on 13 February 2004;

2.        The appeal be allowed instanter;

3.        The orders of the Full Court of the Federal Court of Australia given and made on 13 February 2004 be set aside and in its place order:

(a)     the appeal to that Court be allowed;

(b)     the order of Sackville J made on 19 March 2003 be set aside and in its place order:

(i)        order absolute for a writ of certiorari directed to the second respondent, quashing the decision of the second respondent dated 28 October 2002 in matter N99/29224;

(ii)       order absolute for a writ of mandamus directed to the second respondent, requiring the second respondent to determine according to law the application for review of the decision of the delegate of the first respondent dated 30 June 1999;

4.        Costs to be as agreed or taxed.

AT 9.32 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 11.18 AM:

GLEESON CJ:   In this matter orders were made by consent.  I am informed that the orders that were made by consent earlier this morning should be corrected in the following manner. 

The parties have consented to the following orders and the following orders are made by the Court:

1.        The Refugee Review Tribunal be joined as second respondent;

2.        Special leave be granted to the applicant to appeal to this Court from the judgment and order of the Full Court of the Federal Court of Australia given and made on 13 February 2004;

3.        The appeal be allowed instanter;

4.        The orders of the Full Court of the Federal Court of Australia given and made on 13 February 2004 be set aside and in its place order:

(a)     the appeal to that Court be allowed;

(b)     the order of Sackville J made on 19 March 2003 be set aside and in its place order:

(i)        order absolute for a writ of certiorari directed to the second respondent, quashing the decision of the second respondent dated 28 October 2002 in matter N99/29224;

(ii)       order absolute for a writ of mandamus directed to the second respondent, requiring the second respondent to determine according to law the application for review of the decision of the delegate of the first respondent dated 30 June 1999;

5.        The first respondent pay the applicant’s costs as agreed or taxed.

They will be the orders of the Court in matter S82 of 2004.

AT 11.19 AM THE MATTER WAS CONCLUDED