NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

NAIS & ORS APPELLANTS

AND

MINISTER FOR IMMIGRATION AND

MULTICULTURAL AND INDIGENOUS

AFFAIRS & ANOR RESPONDENTS

NAIS v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] HCA 77

14 December 2005

S73/2005

ORDER

1. The Refugee Review Tribunal be added as the second respondent.

2. Appeal allowed.

3. The Minister pay the appellants' costs.

4. Set aside the orders of the Full Court of the Federal Court made on 11 February 2004 and in their place order:

(a) the Refugee Review Tribunal be added as the second respondent;

(b) appeal allowed;

(c) the Minister pay the appellants' costs;

(d) set aside the orders of Hely J made in the Federal Court on 15 April 2003 and in their place, order that:

(i) the Refugee Review Tribunal be added as the second respondent;

(ii) a writ of certiorari issue directed to the Refugee Review Tribunal, quashing its decision made on 20 December 2002 in matter N97/16702;

(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 20 December 2002 in matter N97/16702;

(iv) a writ of mandamus issue directed to the Refugee Review Tribunal, requiring it to determine according to law the application for review of the decision of the delegate of the Minister dated 27 May 1997 in matter N97/002078;

(v) the Minister pay the appellants' costs of the application under s 39B of the Judiciary Act 1903 (Cth).

On appeal from the Federal Court of Australia

Representation:

C T Barry QC with B M Zipser for the appellants (instructed by Campbelltown City Lawyers)

S J Gageler SC with G R Kennett for the first respondent (instructed by Australian Government Solicitor)

Submitting appearance for the second respondent