Habib v Minister for Foreign Affairs and Trade; Habib v Director-General of Security

[2010] HCATrans 35

[2010] HCATrans 035

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney     No S248 of 2009

B e t w e e n -

MAMDOUH HABIB

Applicant

and

MINISTER FOR FOREIGN AFFAIRS AND TRADE

Respondent

Office of the Registry
  Sydney     No S249 of 2009

B e t w e e n -

MAMDOUH HABIB

Applicant

and

DIRECTOR-GENERAL OF SECURITY

Respondent

Directions

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 23 FEBRUARY 2010, AT 9.35 AM

Copyright in the High Court of Australia

__________________

MR R.T. BEECH‑JONES, SC:   I appear on behalf of the appellant.  (instructed by Peter Erman Solicitor)

MR S.B. LLOYD, SC:   Your Honour, I appear for the respondents.  (instructed by Australian Government Solicitor)

HIS HONOUR:   What is the current situation in this matter?

MR LLOYD:   My clients anticipate making a decision in relation to the applicant’s subsequent passport application within a month.  Depending on how it goes, it may make the appeal in this Court futile, but I cannot put it higher than that, your Honour.

HIS HONOUR:   Very well.  What do you want to say, Mr Beech‑Jones?

MR BEECH‑JONES:   Without knowing what the words “may make” means it is on the cards or not, it is a bit difficult – if there is a likelihood it will be granted then of course it would raise a question about what happens here, but the only concern ‑ ‑ ‑

HIS HONOUR:   Is there some application before the Minister?

MR BEECH‑JONES:   There is.  There is an application for a further passport before the Minister.

HIS HONOUR:   When was that made?

MR BEECH‑JONES:   Some time last year.

HIS HONOUR:   What is the delay in dealing with it?

MR LLOYD:   I cannot say exactly.  I know that it is with ASIO who are doing a further security assessment, but I ‑ ‑ ‑

HIS HONOUR:   I see.

MR LLOYD:   ‑ ‑ ‑ do not know further than that, your Honour.

HIS HONOUR:   I do not see really why the appellant’s appeal should be further delayed.  I will stand the matters over for further mention before me on Tuesday, 23 March at 9.30.  If these administrative matters have not been resolved by then the further mention on 23 March will be with a view to fixing the matter for a hearing in the next available Full Court list.

MR LLOYD:   Certainly, your Honour.

HIS HONOUR:   The costs of today will be costs of the eventual appeals.  Thank you.

AT 9.38 AM THE MATTER WAS ADJOURNED