Applicant S45-2004, Ex parte - Re MIMIA & Anor

[2004] HCATrans 84

[2004] HCATrans 084

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Sydney  No S45 of 2004

In the matter of -

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

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Ex parte –

APPLICANT S45/2004

Applicant/Prosecutor

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 17 MARCH 2004, AT 9.38 AM

Copyright in the High Court of Australia

APPLICANT S45/2004 appeared in person.

MS R.A.PEPPER:   If the Court pleases, I appear on behalf of the first respondent.  (instructed by Sparke Helmore)

HIS HONOUR:   Is there a translator in this matter?  Madam, will you go into the box, please, and the Deputy Registrar will swear or affirm you as need be.

GNANAM RATHINAM, affirmed as interpreter:

HIS HONOUR:   Yes, Ms Pepper.

MS PEPPER:   Your Honour, the position is the same in relation to this matter again.  After consideration, the respondent has agreed now to consent to have this matter remitted to the court below.  I understand that it is consented to.

HIS HONOUR:   Is that understood and agreed?

APPLICANT S45/2004:   Yes.

HIS HONOUR:   Very well.  I will stand matter No 3 down in the list as well for the preparation of short minutes and then 2 and 3 can be mentioned when convenient.  I will go back to No 1.

AT 9.40 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 9.56 AM:

HIS HONOUR:   I should have indicated that in this matter the Court holds a certificate from the Deputy Registrar stating she has been informed by the solicitor for the second respondent, the Refugee Review Tribunal, that the Tribunal will submit to the orders of the Court save as to costs.  Yes, Ms Pepper.

MS PEPPER:   Your Honour, if I can hand up some orders in similar form in relation to this matter.

HIS HONOUR:   Thank you

MS PEPPER:   They have been explained to the applicant and interpreted accordingly.

HIS HONOUR:   Thank you.  Well, you are in Court and you heard the orders I have just made in the other matter.  This one, in your matter, is in the same terms.  Do you understand that?

APPLICANT S45/2004 (through interpreter):   Yes.

HIS HONOUR:   Very well.  In matter No 3, I make orders in accordance with the short minutes I have initialled, dated and placed with the papers.  Thank you.

AT 9.58 AM THE MATTER WAS CONCLUDED