The assessment of the applicant’s case was not accompanied by a recommendation. The applicant successfully quashed the decision against him in the High Court. The Refugee Act 1996 came into force while the applicant’s case was in being. The Supreme Court overturned the decision of the High Court, ruling that sufficient progress had been made before the enactment of the 1996 Act to constitute a step towards resolution of the matter.
The Supreme Court found that it was not necessary to duplicate steps taken before the enactment of the Refugee Act 1996 even if such steps were unfinished, provided the steps represented a significant and discernable movement towards resolution.
