SZBDM v MIMIA & Anor

[2007] HCATrans 82

[2007] HCATrans 082

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S4 of 2007

B e t w e e n -

SZBDM

Appellant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Pronouncement of orders by consent

GLEESON CJ
GUMMOW J
HAYNE J
CALLINAN J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 28 FEBRUARY 2007, AT 10.20 AM

Copyright in the High Court of Australia

GLEESON CJ:   In this matter the Court makes the following orders by consent:

1.The title of the proceedings is amended by changing the name of the respondent to "Minister for Immigration and Citizenship".

2.The Refugee Review Tribunal is joined as a second respondent and the title of the proceedings is amended accordingly.

3.Appeal is allowed with costs.

4.The orders of the Federal Court of Australia made on 5 August 2005 are set aside and in their place there are orders that:

(a)appeal allowed with costs;

(b)the orders of the Federal Magistrates Court made on 1 February 2005 are set aside and in their place there are orders that:

(i)a writ of certiorari issue to quash the decision of the Refugee Review Tribunal made on 17 June 2003 in application reference N02/42331;

(ii)a writ of mandamus issue directed to the Refugee Review Tribunal requiring that Tribunal to reconsider and determine the application reference N02/42331; and

(iii)there be no order as to the costs of the proceedings in the Federal Magistrates Court.

I publish those orders.

AT 10.21 AM THE MATTER WAS CONCLUDED