Applicant NADF of 2001 v MIMIA

[2004] HCATrans 65

[2004] HCATrans 065

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S137 of 2003

B e t w e e n -

APPLICANT NADF OF 2001

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 12 MARCH 2004, AT 11.10 AM

Copyright in the High Court of Australia

APPLICANT NADF OF 2001 appeared in person.

MR S.B. LLOYD:   May it please the Court, I appear for the respondent.  (instructed by Clayton Utz)

IQBAL HYE CHOWDHURY, affirmed as interpreter:

GUMMOW J:   Thank you, Mr Translator.  Step down and stand next to the party, if you would.  The applicant now has the opportunity to add anything orally that he wishes to add to the written materials which we have read.

APPLICANT NADF OF 2001 (through interpreter):   Even in support of my documents which I had submitted earlier?

GUMMOW J:   You now have an opportunity to say anything orally that you want to say, in addition to what you have already said in writing.

APPLICANT NADF OF 2001 (through interpreter):   Whatever I have submitted I just want to say.  I have nothing to submit any further.

GUMMOW J:   Thank you.  Sit down if you would.  Mr Lloyd, the application brought here seems to be an application from the judgment of Justice Allsop, not from the Full Court.

MR LLOYD:   The application is on page 51, which refers to the Full Court judgment of 5 March.

GUMMOW J:   Yes, I see.

MR LLOYD:   I accept that other documents refer to other things.

GUMMOW J:   Yes, it is a bit confusing.  If you look at page 55, the draft notice of appeal ‑ ‑ ‑

MR LLOYD:   Yes.  I suppose the applicant, not having appeared in the Full Court, is in effect hoping to avoid the consequences of that and just go from Justice Allsop to this Court.

GUMMOW J:   Yes.  Thank you.  Is there anything the applicant wants to say in response to what we have just been saying with Mr Lloyd?

APPLICANT NADF OF 2001 (through interpreter):   What I have understood he was telling that I did not attend in the Full Court.  Actually, I had attended that court.

GUMMOW J:   Had intended which court?

APPLICANT NADF OF 2001 (through interpreter):   Full Federal Court.

GUMMOW J:   Thank you. 

The identity of the court from which the application for leave to appeal is sought having been identified as indicated, we directed ourselves to the decision of the Full Court of the Federal Court.  We find no error of principle disclosed there and no prospects of success in any appeal to this Court.  Accordingly, the application is refused.  Do you seek costs, Mr Lloyd? 

MR LLOYD:   Yes, I do seek costs, your Honour. 

GUMMOW J:   The application is refused with costs. Call application No 5.

AT 11.15 AM THE MATTER WAS CONCLUDED