SZHDC v MIMA & Anor

[2008] HCATrans 355

[2008] HCATrans 355

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S361 of 2008

B e t w e e n -

SZHDC

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Pronouncement of orders by consent

FRENCH CJ
GUMMOW J
HAYNE J
HEYDON J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 16 OCTOBER 2008, AT 10.25 AM

Copyright in the High Court of Australia

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

1.The appeal be allowed with costs.

2.The orders of Justice Stone in the proceedings in the Federal Court of Australia made on 23 May 2006 be set aside and in place thereof order that:

2.1The appeal to the Federal Court be allowed with costs.

2.2The orders of Federal Magistrate Scarlett in the proceedings in the Federal Magistrates Court of Australia made on 25 January 2006 be set aside, and in place thereof order that:

(a)The application to the Federal Magistrates Court be allowed.

(b)A writ of certiorari be issued to quash the decision of the second respondent; RRT reference No 5/51015 signed on 27 July 2005 and handed down on 16 August 2005.

(c)A writ of mandamus be issued directing the second respondent to reconsider and determine the matter according to law.

(d)The first respondent pay the applicant’s costs of the application.

The Court notes that the first respondent consents to the above orders for the reason that the decision of the second respondent is affected by jurisdictional error in that it did not provide reasonable notice of the rescheduled hearing to the appellant; see 3 in notice of appeal filed on 22 August 2008.  I publish those orders.

AT 10.27 AM THE MATTER WAS CONCLUDED