SDAN and Minister for Immigration And Multicultural And Indigenous Affairs

[2003] HCATrans 514

[2003] HCATrans 514

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A360 of 2002

B e t w e e n -

SDAN

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Pronouncement of orders by consent

GLEESON CJ
McHUGH J
GUMMOW J
KIRBY J
HAYNE J
CALLINAN J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 9 DECEMBER 2003, AT 10.20 AM

Copyright in the High Court of Australia

GLEESON CJ:   In this matter the parties have agreed to the making of orders by consent in the following terms:

1.        Special leave is granted to the applicant to appeal to this Court from the whole of the judgment and orders of the Full Federal Court of Australia (in matter S155/2002) given and made on 19 November 2002.

2.        The appeal from the whole of the judgment and orders of the Full Federal Court of Australia given and made on 19 November 2002 is allowed and place thereof order that:

(a)      leave is granted to amend the notice of appeal;

(b)      the appeal is allowed;

(c)      the order of the primary judge is set aside and in place thereof the decision of the Refugee Review Tribunal given on 26 February 2002 is set aside and the matter is remitted to the Refugee Review Tribunal for determination according to law.

There is to be no orders as to costs.

I publish those orders.

AT 10.21 AM THE MATTER WAS CONCLUDED