Applicant M298-2003, Ex parte - Re MIMIA

[2004] HCATrans 75

[2004] HCATrans 075

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Melbourne  No M298 of 2003

In the matter of -

An application for Writs of Prohibition, Certiorari and Mandamus, a Declaration and an Injunction against THE HONOURABLE SENATOR AMANDA VANSTONE, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Ex parte –

APPLICANT M298/2003

Applicant/Prosecutor

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON MONDAY, 15 MARCH 2004, AT 9.55 AM

(Continued from 26/2/04)

Copyright in the High Court of Australia

MR S.G.E. McLEISH:   If the Court pleases, I appear for the respondent.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Are you aware of there being any appearance intended on the applicant’s side, Mr McLeish?

MR McLEISH:   No, I am not, your Honour.

HIS HONOUR:   Should we have the applicant/prosecutor called?

MR McLEISH:   It may be safer, your Honour.

HIS HONOUR:   Yes.  If you would be good enough to call the applicant/prosecutor.

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Thank you.  What do you say I should do, Mr McLeish?

MR McLEISH:   Your Honour, this matter was in the list on 26 February and time was given to reframe the application and incorporate further grounds.  In my submission, it is bound to fail as an application for mandamus in respect of a decision under section 417 and on the authority of S134 it ought to be dismissed, if your Honour pleases.

HIS HONOUR:   Yes.  If I make orders that the application be dismissed for want of prosecution, that the applicant pay the respondent’s costs, including reserved costs, and certify for the attendance of counsel, does that meet the case, Mr McLeish?

MR McLEISH:   Yes, it does, if your Honour pleases.

HIS HONOUR:   There will be orders in those terms.

AT 9.56 AM THE MATTER WAS CONCLUDED