Applicant S170-2002, Ex parte - Re Ruddock, MIMIA

[2002] HCATrans 224

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Sydney  No S170 of 2002

In the matter of -

An application for Writs of Mandamus, Certiorari and Prohibition against PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Ex parte –

APPLICANT S170/2002

Applicant/Prosecutor

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 11 JUNE 2002, AT 11.50 AM

Copyright in the High Court of Australia

APPLICANT S170/2002 appeared in person.

MR S.B. LLOYD:   If the Court pleases, I appear for the Minister.  (instructed by Blake Dawson Waldron)

HER HONOUR:   Now, you appear for yourself, do you?

APPLICANT S170/2002 (through INTERPRETER):   I am not very well today.  I also informed them regarding this that I am not feeling well today.  When I phoned them, they said I have to appear here and then discuss the matter.  I have been sick for the last two weeks now.  I have not had the time to consult a lawyer also.  I want to look for a lawyer and give him my case.  As I have not been well, I have not been able to do any of those things.

HER HONOUR:   What do you say, Mr Lloyd?

MR LLOYD:   Your Honour, the draft order nisi was filed on 8 May.  Applicant S170 has indicated he has been ill for the last two weeks.  That does not indicate why he has been unable to get a lawyer between – well, 8 May was when it was filed; from sometime before then.  There is no evidence yet as to the nature of his illness or as to any prospect he has or ability to get a lawyer or any inquiries he has made.  In all of those circumstances, in my submission, there is really not yet, at least, a proper basis for an adjournment.

HER HONOUR:   Yes.  Did you translate that to the applicant?

THE INTERPRETER:   Yes.

HER HONOUR:   What does he say to that?

THE INTERPRETER:   I would request some time, your Honour.  I would like to consult a lawyer and appoint a lawyer for this.

HER HONOUR:   I think, Mr Lloyd, we will really have to do much the same as we did on the last matter.

MR LLOYD:   8 July?

HER HONOUR:   8 July.  Can you explain to the applicant that the matter will definitely proceed on 8 July.  There will be no possibility of an adjournment on that date.  I see your client’s affidavit shows the address of “Villawood Detention Centre”, is that correct?

THE INTERPRETER:   Yes.

HER HONOUR:   How does he propose to consult a lawyer?

THE INTERPRETER:   I am outside the detention centre now.  I am at this address in Botany Bay and I will consult a lawyer.

MR LLOYD:   My instructions, your Honour, is that he was granted a bridging visa on 14 May and that he is now at an address at Apartment 2, 1425 Botany Road, Botany.

HER HONOUR:   Could you translate that, please.

THE INTERPRETER:   Yes, your Honour.

HER HONOUR:   So, he is able to consult a lawyer?

THE INTERPRETER:   Yes, your Honour.

HER HONOUR:   Is that address on the documents in the Court?  I do not think so.

THE INTERPRETER:   Yes, they are now.  I have received this letter from the Court on that address.

HER HONOUR:   Very well.  Well, the Court will send to the applicant a copy of what I have said and the applicant should take that document, together with all the other documents that have been filed in this matter, to his solicitor.  The matter will go on on 8 July no matter what. 

Has the applicant a copy of the respondent’s outline of submissions of ‑ ‑ ‑

THE INTERPRETER:   Yes, I have.

HER HONOUR:   You gave him a copy of that?

MR LLOYD:   My understanding is my solicitor served it on him sometime ago; on the day we filed it in Court.

HER HONOUR:   Yes, thank you.  Well then, all those documents must be taken to your solicitor.

I will adjourn the matter until 8 July.  I will certify for the attendance of counsel, and I will reserve the question of costs.  Otherwise, the applicant is now excused.

AT 11.55 AM THE MATTER WAS ADJOURNED

UNTIL MONDAY, 8 JULY 2002