SZNKX & Anor v Minister for Immigration and Citizenship & Anor [2011] HCATrans 93

[2011] HCATrans 93

Replacement Transcript

[2011] HCATrans 093

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S321 of 2010

B e t w e e n -

SZNKX

Appellant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Office of the Registry
  Sydney  No S322 of 2010

B e t w e e n -

SZNKW

Appellant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Pronouncement of orders by consent

FRENCH CJ
GUMMOW J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 8 APRIL 2011, AT 9.31 AM

Copyright in the High Court of Australia

__________________

FRENCH CJ:   Special leave to appeal was granted in these matters on Friday, 10 December 2010 by Justices Gummow and Hayne.  The parties have now filed consents to the making of orders disposing of the appeals.  The orders of the Court are:

In matter S321 of 2010:

1.Appeal allowed.

2.The order of the Federal Court of Australia dated 2 December 2009 and the order of the Federal Magistrates Court of Australia dated 10 September 2009 be set aside.

3.A writ of certiorari issue directed to the second respondent quashing its decision dated 13 March 2009 and a writ of mandamus issue directed to the second respondent requiring it to review, according to law, the decision made by a delegate of the first respondent to refuse the appellant a protection visa. 

4.The first respondent pay the appellant’s costs in this Court.

5.The first respondent pay the appellant’s costs of the proceedings in the Federal Court of Australia and the Federal Magistrates Court as agreed or assessed in accordance with Order 62 of the Federal Court Rules.

In matter S322 of 2010:

1.Appeal allowed.

2.The order of the Federal Court of Australia dated 10 February 2010 and the order of the Federal Magistrates Court of Australia dated 9 October 2009 be set aside.

3.A writ of certiorari issue directed to the second respondent quashing its decision dated 13 March 2009 and a writ of mandamus issue directed to the second respondent requiring it to review, according to law, the decision made by a delegate of the first respondent to refuse the appellant a protection visa.

4.The first respondent pay the appellant’s costs in this Court.

5.The first respondent pay the appellant’s costs of the proceedings in the Federal Court of Australia and the Federal Magistrates Court as agreed or assessed in accordance with Order 62 of the Federal Court Rules.

I publish those orders.

AT 9.33 AM THE MATTER WAS CONCLUDED