BC v MIMA, W26 v MIMA

[2003] HCATrans 690

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S260 of 2002

B e t w e e n -

BC

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Office of the Registry
  Perth  No P35 of 2002

B e t w e e n -

W26

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Applications for special leave to appeal

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 9 MAY 2003, AT 2.35 PM

Copyright in the High Court of Australia

__________________

MR R.W. KILLALEA:   I appear for the applicants.  (instructed by Ian D. Graham & Associates)

MR S.B. LLOYD:   I appear for the Minister.  (instructed by Clayton Utz)

HAYNE J:   I have had the two matters called together.  I understand that the parties are of the view that the applications should stand out of the list.  Is that right?

MR KILLALEA:  Yes, your Honour.

HAYNE J:   Is that right, Mr Lloyd?

MR LLOYD:   It was certainly right in the sense that we made an application – or at least corresponded with the Court with a view to saving the parties the time of preparing and the Court the time of preparing.  We have now prepared and are ready to go.

HAYNE J:   I understand that, Mr Lloyd, but do you seek to resist the notion that the two applications should stand out of the list pending the decision of the Court in S106 of 2002 v The Minister and Re Minister for Immigration and Multicultural Affairs, Ex parte Applicant S20 of 2002?

MR LLOYD:   I do not resist if my friend makes that application.

MR KILLALEA:  Yes, it just seemed sensible to make that application, your Honour.

HAYNE J:   In each case, further argument of the application for special leave to appeal should await the decision of the Court in S106 of 2002 v The Minister and Re Minister, Ex parte Applicant S20 of 2002.  Each application is stood out of the list.  Costs in each case are reserved.

AT 2.37 PM THE MATTERS WERE CONCLUDED