Applicant NAOC of 2002 v MIMIA

[2004] HCATrans 188

[2004] HCATrans 188

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S313 of 2003

B e t w e e n -

APPLICANT NAOC OF 2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GLEESON CJ
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 28 MAY 2004, AT 2.07 PM

Copyright in the High Court of Australia

MR J.D. SMITH:  May it please the Court, I appear for the respondent.  (instructed by Sparke Helmore)

GLEESON CJ:   Yes, we better just see if the applicant is here.  There is supposed to be an interpreter here also, I think. 

MR SMITH:   I think, your Honour, there is an interpreter.  He was waiting outside the Court.

GLEESON CJ:   Are you the interpreter?

THE INTERPRETER:   Yes, your Honour.

GLEESON CJ:   Is the applicant here? 

THE INTERPRETER:   No,…..

GLEESON CJ:   Officer, will you call Applicant NAOC of 2002?

COURT OFFICER:   No response, your Honour.

GLEESON CJ:   The applicant in this matter does not appear.  We have read the applicant’s written submissions and we are of the view that there are insufficient prospects of success for an appeal to warrant a grant of special leave and the application is refused with costs.

We will adjourn for a short time to reconstitute.

AT 2.10 PM THE MATTER WAS CONCLUDED