SZIBW & Anor v MIAC & Anor

[2009] HCATrans 73

[2009] HCATrans 073

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S36 of 2009

B e t w e e n -

SZIBW

First Appellant

SZIBX

Second Appellant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Pronouncement of orders by consent

FRENCH CJ
HAYNE J
HEYDON J
KIEFEL J
BELL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 28 APRIL 2009, AT 10.15 AM

Copyright in the High Court of Australia

__________________

FRENCH CJ:   This appeal was listed for hearing on Thursday, 30 April 2009 before Justices Hayne, Heydon, Kiefel, Bell and myself.  The appellants and the first respondent have now filed a consent order disposing of the appeal.  The orders of the Court are:

1.Appeal allowed with costs.

2.The orders of the Federal Court of Australia, made on 26 February 2008, be set aside and in lieu thereof there be orders that:

(a)The appeal be allowed with costs.

(b)The orders that the Federal Magistrates Court made on 17 October 2007 be set aside and in lieu thereof there be orders that:

(i)a writ of certiorari issue directed to the Refugee Review Tribunal quashing its decision made on 16 October 2006;

(ii)a writ of mandamus issue directed to the Refugee Review Tribunal requiring it to determine the appellants’ application to it according to law;

(iii)a writ of prohibition issue directed to the Minister, prohibiting the Minister from giving effect to the Refugee Review Tribunal’s decision made on 16 October 2006; and

(iv)the Minister pay the appellants’ costs of the application.

I publish those orders.

AT 10.17 AM THE MATTER WAS CONCLUDED