SAAZ v MIMIA

[2005] HCATrans 108

[2005] HCATrans 108

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A276 of 2003

B e t w e e n -

SAAZ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Pronouncement of orders by consent

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

FROM ADELAIDE BY VIDEO LINK TO CANBERRA

AT CANBERRA ON FRIDAY, 4 MARCH 2005, AT 10.27 AM

Copyright in the High Court of Australia

GUMMOW J:   The Court holds a certificate from the Deputy Registrar certifying that she holds the relevant consents signed by the solicitors for the parties to this application for special leave, consenting to orders disposing of the matter.  Accordingly, the Court by consent makes the following orders: 

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

2.        Special leave be granted to appeal from the whole of the judgment and orders of the Full Court of the Federal Court dated 8 November 2002 in matter S205 of 2002;

3.        Allow the appeal to this Court and set aside the orders of the Full Court of the Federal Court and in place thereof order that: 

(a)      The appeal to that court be allowed and the decision of the primary judge be set aside;

(b)      There be an order absolute for a writ of certiorari directed to the second respondent, quashing the decision of the second respondent in matter No N1/40099 dated 8 November 2001;

(c)      There be an order absolute for a writ of mandamus directed to the second respondent, requiring it to determine according to law the application made to it for review of the decision of a delegate of the first respondent dated 3 September 2001;

(d)      The first respondent pay the appellant’s costs to be taxed if not agreed. 

We make those orders. 

AT 10.30 AM THE MATTER WAS CONCLUDED