Applicant Nalu of 2002 v MIMIA

[2004] HCATrans 14

[2004] HCATrans 014

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S114 of 2003

B e t w e e n -

APPLICANT NALU OF 2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GLEESON CJ
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 13 FEBRUARY 2004, AT 11.20 AM

Copyright in the High Court of Australia

APPLICANT NALU OF 2002 appeared in person. 

MR T. REILLY:   If the Court pleases, I appear for the respondent.  (instructed by Blake Dawson Waldron)

HALID SAGER, affirmed as interpreter:

GLEESON CJ:   What is the language from which you are going to interpret?

THE INTERPRETER:   I am doing Urdu today.

GLEESON CJ:   Yes, what is it that you would like to say to us?

APPLICANT NALU OF 2002 (through interpreter):   I file my case in RRT and then in the Federal Court and I am appealing now because I give so many papers and they did not read my papers properly.

GLEESON CJ:   Yes, go ahead.

APPLICANT NALU OF 2002 (through interpreter):    I also provided the warrant papers which were issued by police at that time, but RRT people objected that why you did not provide those papers before, but because there was a problem between India and Pakistan at that time, so I did not provide that paper before.  Because there was a checking in post office at that time and my wife did not send me those papers belonging to…..because of that problem.  Then the papers came and I submitted those papers in the Federal Court.  I was asked why I did not provide these papers to RRT.  I replied because at that time there was a problem between India and Pakistan and I did not get those papers in time to give to RRT.  I also provided – my lawyer also provided to the Federal Court with other papers, too.

GLEESON CJ:   Yes, is there anything else you want to say?

APPLICANT NALU OF 2002 (through interpreter):    I hope that from the Court that my case should be referred back to RRT for rehearing.

GLEESON CJ:   Does that cover what you want to put to us?

APPLICANT NALU OF 2002 (through interpreter):    This is my appeal to the Court that my case should be referred back to RRT for rehearing.

GLEESON CJ:   Take a seat, thank you. 

In this matter the applicant seeks leave to appeal from a decision of the Full Court of the Federal Court of Australia which, in turn, upheld a decision of Justice Branson of that court.  We are of the view that there are insufficient prospects of success of an appeal to warrant a grant of special leave.  The application is refused with costs.

We will adjourn to reconstitute.

AT 11.26 AM THE MATTER WAS CONCLUDED