Applicant S322-2002, Ex parte - Re MIMA & Anor

[2002] HCATrans 511

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry  

Sydney  No S322 of 2002

In the matter of -

An application for Writs of Mandamus and Certiorari and an Injunction against MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL

Respondents

Ex parte –

APPLICANT S322/2002

Applicant/Prosecutor

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 9 DECEMBER 2002, AT 9.51 AM

Copyright in the High Court of Australia

MR J.M. PATEL:   If it please the Court, I appear for the applicant as counsel.  I have just been briefed this morning.  (instructed by the applicant/prosecutor)

MR N.J. WILLIAMS, SC:   If it please your Honour, I appear with MS S. KAUR‑BAINS for the first respondent Minister.  (instructed by Blake Dawson Waldron)

HER HONOUR:   We are in the same position in this one, are we not?  No.

MR WILLIAMS:   No, your Honour.  This is not a privative clause decision.

HER HONOUR:   It is not a privative clause decision?

MR WILLIAMS:   No.  It is a Muin and Lie challenge by the operation of the transitional provisions.  It is not caught by the definition of privative clause.  We have assumed that your Honour would wish to proceed in a manner similar to that that your Honour has ‑ ‑ ‑

HER HONOUR:   Already in the Muin and Lie matters?

MR WILLIAMS:   Yes, and in matters similar to Muin and Lie.  We have prepared short minutes which, subject to one matter of date that I should mention, are agreed.

HER HONOUR:   It is not caught by the time provisions?

MR WILLIAMS:   No, your Honour, because it is not a privative – well, there is a time issue by reason of the Court Rules but it is not caught by 486A of the Act because it is not a privative clause decision.

HER HONOUR:   Yes.  Have you seen these draft minutes?

MR PATEL:   Yes, your Honour.  We have consented to the minutes except the date.  We were proposing in paragraph 2 the draft order nisi and affidavit in support by 17 January.

MR WILLIAMS:   We do not oppose that, your Honour.

HER HONOUR:   17 January.  Well, I will amend that and initial it.

MR PATEL:   If the Court pleases.

MR WILLIAMS:   Your Honour may also need to certify for the attendance of counsel.  It is a matter we have not attended to in the orders.

HER HONOUR:   Yes, very well.  By consent I will make orders 1, 2 and 3 in the short minutes of orders as amended and initialled by me and I will certify for the attendance of counsel.  Is there anything else?

MR WILLIAMS:   No, your Honour.

HER HONOUR:   Thank you very much.

AT 9.54 AM THE MATTER WAS CONCLUDED