WAAG v MIMIA

[2005] HCATrans 655

[2005] HCATrans 655

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P83 of 2004

B e t w e e n -

WAAG

Appellant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Pronouncement of orders by consent

GLEESON CJ
GUMMOW J
KIRBY J
HAYNE J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 1 SEPTEMBER 2005, AT 10.14 AM

Copyright in the High Court of Australia

GLEESON CJ:   This appeal was filed on 10 December 2004 following a grant of special leave to appeal by Justices Gummow, Kirby and Heydon on 19 November 2004.  By consent of the parties, the Court orders:

1.        That the Refugee Review Tribunal be joined as second respondent to the proceedings and the Minister for Immigration and Multicultural and Indigenous Affairs be named as first respondent;

2.        That this appeal from the whole of the judgment of the Full Court of the Federal Court of Australia given and made on 18 December 2002 be allowed;

3.        That the first respondent pay the appellant’s costs of the appeal;

4.        That the judgment of the Full Court of the Federal Court of Australia dated 18 December 2002 be set aside and in its place order that:

(1)     there be an order in the nature of certiorari to quash the decision of the Refugee Review Tribunal made on 19 September 2001;

(2)     there be an order in the nature of mandamus requiring the Refugee Review Tribunal to review according to law the decision made by a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs on 2 April 2001 to refuse a protection visa to the applicant;

(3)     the appellant pay the respondent’s costs of:

(a)        the appeal to the Full Federal Court but not so as to disturb the costs order of the Full Court made on 9 April 2003 in respect of the motion filed by the respondent on 19 February 2003;

(b)       the application in the Federal Magistrates Court of Australia fixed by the learned magistrate therein at $4,500.

I publish those orders.

AT 10.16 AM THE MATTER WAS CONCLUDED