Plaintiff S297/2013 v Minister for Immigration and Border Protection

[2015] HCATrans 10

[2015] HCATrans 010

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S297 of 2013

B e t w e e n -

PLAINTIFF S297/2013

Plaintiff

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Defendant

THE COMMONWEALTH OF AUSTRALIA

Second Defendant

Pronouncement of orders

FRENCH CJ

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 11 FEBRUARY 2015, AT 10.15.AM

Copyright in the High Court of Australia

MR J.B. KING appeared for the plaintiff.  (instructed by Fragomen)

MR A.J. BUCKLAND appeared for the defendants.  (instructed by Australian Government Solicitor)

FRENCH CJ:   In light of the answers given by the Court to the questions asked by the parties in the special case and what is said in the Court’s reasons, I will now make the following orders:

1.A peremptory writ of mandamus issue forthwith directing the first defendant to grant the plaintiff a permanent protection visa (being the visa called at all material times a “Protection (Class XA) visa”) within seven days of the issue of the writ.

2.Service of the writ of mandamus may be effected by delivering it to the Australian Government Solicitor.

3.Pursuant to rule 25.08.3 of the High Court Rules (Cth) the writ of mandamus shall be returnable on or before 24 February 2015.

4.The defendants are to pay the plaintiff’s costs of the special case.

5.The parties are to file written submissions on or before 24 February 2015 as to the costs of the balance of the proceedings.

I publish that order.  I note the appearances of Mr King for the plaintiff and Mr Buckland for the Minister in that respect.

AT 10.17 AM THE MATTER WAS CONCLUDED