Applicant S414-2003 v MIMA

[2004] HCATrans 101

[2004] HCATrans 101

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S414 of 2003

B e t w e e n -

APPLICANT S414 OF 2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 2 APRIL 2004, AT 2.31 PM

Copyright in the High Court of Australia

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

GUMMOW J:   Do you know if there is any appearance in this, Mr Smith?

MR SMITH:   I understand that the applicant has not appeared today, your Honour.  I have not seen her today.

GUMMOW J:   Right.  You had better call this outside also, Officer.  There is an extension of time required as well, I see.

MR SMITH:   There is, your Honour.

COURT OFFICER:   No response, your Honour.

GUMMOW J:   Yes, thank you, Officer.  What is the Minister’s attitude to the extension application?

MR SMITH:   Your Honour, had the applicant appeared, it would not have been opposed, subject to the merits of the application.  On the basis that she has not appeared, I would ask that it be refused and the application be dismissed with costs.

GUMMOW J:   Thank you. 

When this matter was called today, there was no appearance for the applicant.  There is a requirement for an extension of time, which is opposed.  We have considered the papers and are of the view that the extension should be granted, but, as there are no prospects of success on any appeal were leave to be granted, special leave should be refused with costs. 

AT 2.34 PM THE MATTER WAS CONCLUDED