Saeed v Minister for Immigration and Citizenship [2010] HCA 23

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ

AMIRA SAEED APPELLANT

AND

MINISTER FOR IMMIGRATION AND CITIZENSHIP RESPONDENT

Saeed v Minister for Immigration and Citizenship [2010] HCA 23

23 June 2010

S305/2009

ORDER

1. Appeal allowed with costs.

2. Set aside the order of the Full Court of the Federal Court of Australia made on 1 April 2009 and in its place order that:

(a) Appeal allowed with costs.

(b) Set aside Orders 2 and 3 of the orders of the Federal Magistrates Court of Australia made on 2 December 2008 and in their place order that:

(i) a writ of certiorari issue directed to the delegate of the respondent, quashing the decision dated 16 July 2008;

(ii) a writ of prohibition issue directed to the respondent, prohibiting the respondent from giving effect to the delegate's decision dated 16 July 2008;

(iii) a writ of mandamus issue to the respondent requiring the respondent to consider and determine the applicant's application for a Skilled – Independent Visa (Subclass 175) according to law; and

(iv) the respondent pay the applicant's costs.

On appeal from the Federal Court of Australia

Representation

S B Lloyd SC with L J Karp for the appellant (instructed by Christopher Levingston & Associates)

S J Gageler SC, Solicitor-General of the Commonwealth with L A Clegg for the respondent and intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

R J Meadows QC, Solicitor-General for the State of Western Australia with C L Conley intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor for Western Australia)

M G Hinton QC, Solicitor-General for the State of South Australia with C Jacobi intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for the State of South Australia)