NAFF v Minister for Immigration and Multicultural and Indigenous Affairs

HIGH COURT OF AUSTRALIAMcHUGH, GUMMOW, KIRBY, CALLINAN AND HEYDON JJAPPLICANT NAFF OF 2002  APPELLANTANDMINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR  RESPONDENTSApplicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 628 December 2004S112/2004ORDER1.Appeal allowed.2.Orders of the Full Court of the Federal Court of Australia made on 31 March 2003 set aside, and in their place order that:(a)the appeal to the Full Federal Court be allowed; and(b)the order of Tamberlin J in the Federal Court of Australia made on 22 July 2002 be set aside.3.Order absolute for a writ of certiorari directed to the second respondent, quashing the decision of the second respondent in matter N00/32904 dated 19 March 2002.4.Order absolute for a writ of mandamus directed to the second respondent, requiring the second respondent to determine according to law the application for review of the decision of the delegate of the first respondent dated 15 March 2000.5.The first respondent pay the appellant's costs of the proceedings in the Federal Court of Australia before Tamberlin J, in the Full Federal Court and in this Court.On appeal from the Federal Court of AustraliaRepresentation:M N Allars for the appellant (instructed by the appellant)N J Williams SC with J D Smith for the first respondent (instructed by Sparke Helmore)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSApplicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs Immigration – Refugees –...