Ervin, Ex parte- Re Min for Immigration & Multicultural Affairs

[1997] HCATrans 186

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B29 of 1997

In the matter of -

An application for Writs of Prohibition, Mandamus, Certiorari and Habeas Corpus and injunctions against MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Ex parte -

LORENZO ERVIN

Prosecutor/Applicant

BRENNAN CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 11 JULY 1997, AT 9.36 AM

(Continued from 10/7/97)

Copyright in the High Court of Australia

MR G. GRIFFITH, QC, Solicitor-General for the Commonwealth:  Your Honour, may I indicate that I now appear leading MR R.W. GOTTERSON, QC, and MR P.D.T. APPLEGARTH, for the respondent.  (instructed by the Australian Government Solicitor)

HIS HONOUR:   Yes, Mr Solicitor.

MR GRIFFITH:   Your Honour, having read the transcript overnight, may I express the respondent’s appreciation of the opportunity to consider matters overnight and I am able to indicate that that has enabled the matter to be advanced to the extent that we are now resolved.  Could I indicate to your Honour the terms on which we would propose a consent order?

HIS HONOUR:   Yes, Mr Solicitor.

MR GRIFFITH:   Your Honour, what is proposed that:

(1)  It be ordered by consent that the decision of the respondent made on 8 July 1997, a copy of which is exhibited LM3 to the affidavit of Linda Mortensen, sworn 10 July 1997, to cancel the prosecutor/applicant’s visa be set aside forthwith; and

(2)  The respondent pay the prosecutor/applicant’s costs of and incidental to the proceedings to be taxed.

HIS HONOUR:   Yes.  What does that say, Mr Solicitor, with regard to the other decisions that were made under section 502?

MR GRIFFITH:   Your Honour, I think we implicitly agree that these orders are sufficient to enable the applicant to be released on the basis the previous visa continues and therefore it is not necessary to have any other orders made to resolve issues.

HIS HONOUR:   I see, thank you.

MR GRIFFITH:   I hope that sufficiently answers your Honour’s question.  What I would indicate, your Honour, that we have taken the view that had we not settled we would agree that this hearing should have proceeded on the basis of the order nisi being considered, whether made absolute or not, and no interlocutory matters then would be relevant.  Having now reached this agreement, we can step past that point.

HIS HONOUR:   Yes.  Mr Douglas.

MR DOUGLAS:   I have instructions to consent to that proposed order.

HIS HONOUR:   Yes.  Very well, the order will be made by consent in the terms indicated by the Solicitor-General.  The Court will adjourn to a date to be fixed.

AT 9.38 AM THE MATTER WAS CONCLUDED