TOX096 v The Republic of Nauru

[2018] HCATrans 17

[2018] HCATrans 017

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M150 of 2017

B e t w e e n -

TOX096

Appellant

and

THE REPUBLIC OF NAURU

Respondent

Pronouncement of orders by consent

KIEFEL CJ
GAGELER J
KEANE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 14 FEBRUARY 2018, AT 10.18 AM

Copyright in the High Court of Australia

KIEFEL CJ:   The parties to this proceeding filed a consent on 1 February 2018 to the making of orders disposing of the proceeding.  The Court makes the following orders by consent:

1.The appellant have leave to file and serve an amended notice of appeal in the form exhibited to the affidavit of Linda Hanley, filed on 22 November 2017.

2.Upon the filing of the amended notice of appeal in accordance with paragraph 1 of these orders, the following orders will have effect:

(a)     appeal allowed;

(b)set aside the order of the Supreme Court of Nauru made on 27 September 2017 and in its place order that:

(i)the decision of the Refugee Status Review Tribunal made on 28 December 2014 be quashed; and

(ii)the matter be remitted to the Refugee Status Review Tribunal for reconsideration;

(c)the respondent pay 75 per cent of the appellant’s costs of the appeal to this Court, as those costs are agreed or assessed.

I publish those orders.

AT 10.20 AM THE MATTER WAS CONCLUDED