Applicant S422-2002 v MIMIA

[2005] HCATrans 372

[2005] HCATrans 372

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S172 of 2004

B e t w e e n -

APPLICANT S422 OF 2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 27 MAY 2005, AT 2.29 PM

Copyright in the High Court of Australia

MR R.J. BROMWICH:   May it please the Court, I appear for the respondent.  (instructed by Australian Government Solicitor)

GUMMOW J:   Yes, Mr Bromwich.

MR BROMWICH:   Your Honours, could this matter be called outside the Court as well?

GUMMOW J:   Yes.  Officer, would you call No 10 outside the Court.

COURT OFFICER:   No response, your Honour.

GUMMOW J:   Yes, thank you, Officer.  Is there an interpreter in Court?  Come forward, Mr Interpreter, if you would.

SHAHADATH ALI, called as interpreter:

GUMMOW J:   Is it your understanding that your client was to be here today?  Have you had any communication with him this morning?

THE INTERPRETER:   No.

GUMMOW J:   Very well.  Yes, Mr Bromwich.

MR BROMWICH:   Your Honours, there was no sign of the applicant this morning.  My instructing solicitor did look around for him.  This matter was notified of hearing today both to my instructing solicitors and to the applicant by a letter of 4 May 2005.  The applicant had sent in a change of address to the Court on 11 February 2005 and the letter was sent to that address.

GUMMOW J:   Yes, thank you.  Well, what should we do?  Should we proceed?

MR BROMWICH:   In my submission, yes, your Honour. 

GUMMOW J:   Yes, we do not need to call on you further, Mr Bromwich.

We have considered the written submissions in this matter and we are of the view that there are no prospects of success and it does not appear to us that there is anything that could have been usefully added orally by the applicant had he appeared in person today.  Accordingly, special leave is refused with costs.

The Court will adjourn until 10.15 am on Tuesday, 14 June in Canberra.

AT 2.32 PM THE MATTER WAS CONCLUDED