Kunicki & Ors, Ex parte - Re MIMA

[2002] HCATrans 548

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Melbourne  No M34 of 2001

In the matter of -

An application for Writs of Certiorari, Mandamus and Prohibition and a Declaration against THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

First Respondent

MR EDI HARBAS, an officer of the Commonwealth of the Department of Immigration and Multicultural Affairs in Dandenong (in his capacity as a delegate of the First Respondent for granting visas under the Migration Act 1958 (Cth))

Second Respondent

Ex parte –

JANUSZ KUNICKI

First Applicant/Prosecutor

ALEKSANDRA KUNICKA

Second Applicant/Prosecutor

NASTAZJA KUNICKA

Third Applicant/Prosecutor

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON MONDAY, 16 DECEMBER 2002, AT 9.35 AM

(Continued from 28/11/02)

Copyright in the High Court of Australia

________________

MR C.J. HORAN:   If the Court pleases, I appear for the respondent.  (instructed by the Australian Government Solicitor)

HIS HONOUR:   Yes, Mr Horan.

MR HORAN:   Could I hand up a minute of consent order which relates to orders on the application of the second and third‑named prosecutor and applicant?

HIS HONOUR:   Yes.  Just while that is happening:  Mrs Kunicka is in Court and I believe there is an interpreter here to assist her, is that right?  Perhaps if you, Madam Interpreter, would be good enough to tell Mrs Kunicka that I have just been handed some consent orders and those consent orders appear to be signed by Mrs Kunicka and Ms Kunicka and does she understand that as a result of these orders her application will be dismissed?

THE INTERPRETER:   Yes, your Honour, she does.

HIS HONOUR:   Yes.  Well, Mr Horan, if I make orders in terms of the proposed consent order, that leaves the proceeding against Mr Kunicki  alive.  We had him called last time and there was no appearance.  What do you say I should do about that?

MR HORAN:   I rely on the affidavits filed on the last occasion – two affidavits – affidavits of Maria Ngo, one sworn on 22 November and the other on the 26^th in support of the respondent’s motion to dismiss the first applicant’s application for want of prosecution.

HIS HONOUR:   There being no appearance by Mr Kunicki to move in support, his application should stand dismissed and should stand dismissed with costs.

MR HORAN:   Yes, your Honour.

HIS HONOUR:   Yes.  Well, there will be orders dismissing Janusz Kunicki’s application with costs.  In so far as Mrs and Ms Kunicka’s applications are concerned, orders will be made in terms of the proposed consents.

MR HORAN:   If the Court pleases.

HIS HONOUR:   Mrs Kunicka, thank you very much for attending today.

MRS KUNICKA:   Thank you very much.

AT 9.37 AM THE MATTER WAS CONCLUDED