Uelese v Minister for Immigration and Border Protection

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, KEANE AND NETTLE JJPETER UELESE  APPELLANTANDMINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR  RESPONDENTSUelese v Minister for Immigration and Border Protection[2015] HCA 156 May 2015S277/2014ORDER1.Appeal allowed. 2.Set aside paragraphs 2 and 3 of the order of the Full Court of the Federal Court of Australia made on 8 August 2013 and, in their place, order that: (a)the appeal is allowed; (b)the order of Buchanan J made on 18 April 2013 is set aside and, in its place, it is ordered that:(i) a writ of certiorari issue directed to the second respondent, quashing its decision made on 14 November 2012;  (ii)a writ of prohibition issue directed to the first respondent, prohibiting him from giving effect to the decision of the second respondent made on 14 November 2012;(iii)a writ of mandamus issue directed to the second respondent, requiring it to determine the applicant's application for review according to law; and(iv)the first respondent pay the applicant's costs; and(c)the first respondent pay the appellant's costs of the appeal.3.The first respondent is to pay the appellant's costs of the appeal to this Court. On appeal from the Federal Court of AustraliaRepresentationN J Owens with D P Hume for the appellant (instructed by Marque Lawyers)G T Johnson SC with P M Knowles for the first respondent (instructed by Australian Government Solicitor) Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSUelese v Minister...