SFLB & Anor v MIMIA

[2006] HCATrans 498

[2006] HCATrans 498

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A48 of 2004

B e t w e e n -

SFLB AND SFMB

Appellants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Pronouncement of orders by consent

GUMMOW J
HAYNE J
CALLINAN J
HEYDON J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 6 SEPTEMBER 2006, AT 11.56 AM

Copyright in the High Court of Australia

GUMMOW J:   The Court holds a certificate from the Acting Senior Registrar that she holds a consent signed by the solicitor for the parties to this appeal to the making of the following orders:

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

2.        That the appeal to this Court from the judgment of an order of the Federal Court given in May on 17 December 2002 be allowed.

3.        That the order of the Federal Court made on 17 December 2002 dismissing the appeal in matter SAD220/2002 by the honourable Justice Mansfield be set aside and in lieu thereof it be ordered that:

(a)The appeal to that court be upheld and the decision of the Federal Magistrate dated 5 September 2002 be set aside;

(b)An order absolute for writ of certiorari directed to the second respondent quashing the decision of the second respondent in matter VO2/12313 dated 3 May 2002;

(c)Order absolute for writ of mandamus directed to the second respondent requiring it to determine the application made to it for review of the decision of the delegate of the first respondent dated 7 March 2002 according to law;

(d)There be no order as to costs.

4.        The first respondent pay the applicant’s costs of and incidental to the application for special leave to appeal in this Court, to be taxed if not agreed.

5.        There be no order as to costs of the appeal to this Court.

The Court makes that order.

AT 11.58 AM THE MATTER WAS CONCLUDED