Applicants A169-2003 v MIMIA

[2005] HCATrans 993

[2005] HCATrans 993

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A9 of 2005

B e t w e e n -

APPLICANTS A169/2003

Applicants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

IAN LINCOLN MEMBER REFUGEE REVIEW TRIBUNAL

Second Respondent

PRINCIPAL MEMBER OF REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for reinstatement

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 9 DECEMBER 2005, AT 9.31 AM

Copyright in the High Court of Australia

__________________

HER HONOUR:   In this matter the parties have been informed that they need not attend.

The Full Court of the Federal Court of Australia dismissed an appeal brought by the applicants against orders made by a single judge of the Federal Court, Justice Lander, dismissing an application for judicial review following a decision not to grant the applicants protection visas made by the Minister for the Department of Immigration and Multicultural Affairs.

On 17 March 2005 the applicants filed an application for special leave to appeal against the orders made by the Full Court of the Federal Court. The applicants are unrepresented as that expression is defined in rule 40.01 of the High Court Rules 2004. Accordingly, rule 41.10 of those Rules is engaged and they are obliged under rule 41.10.3 to file a written case within 28 days of filing the application for special leave to appeal.

Where an unrepresented litigant does not file a written case within 28 days of filing the application, the application is deemed abandoned unless, either before or after the expiration of that period, the Court or a Justice otherwise orders or directs:  see rule 41.10.4.  The applicants did not file a written case within the time fixed by the Rules and they were informed that the application had been deemed abandoned.  The applicants now seek an order that the application not be deemed to have been abandoned.  The respondent to the application for special leave does not oppose the making of that order.

In my opinion, this is a proper case in which to grant the application.  I therefore make the following orders:

1.        The applicants have until 4.00 pm, 19 December 2005 to file a draft notice of appeal and written case in support of the application for special leave to appeal to this Court;

2.        If, on or before 4.00 pm, 19 December 2005, the applicants file a draft notice of appeal and written case in support of the application for special leave to appeal, the application is not to be deemed to have been abandoned;

3.        The costs of this application are in any event to be paid or borne by the applicants.

Adjourn the Court.

AT 9.34 AM THE MATTER WAS CONCLUDED