Mia, Ex parte- Re Min for Immig and Multicultural Affairs

[1999] HCATrans 297

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S117 of 1999

In the matter of -

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

First Respondent

and

AMALING WALLACE sitting as delegate of the First Respondent

Second Respondent

Ex parte –

MOHAMMAD ABDUL HAMID MIA

Prosecutor/Applicant

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 21 SEPTEMBER 1999, AT 9.40 AM

Copyright in the High Court of Australia

MR R.F. GREENWOOD, QC:   I appear with MR P.M. STRAIN, for the prosecutor.  (instructed by Mr M.A.H. Mia)

MR G.T. JOHNSON:   May it please your Honour, this is an ex parte application but I appear for the respondents.  (instructed by the Australian Government Solicitor)

Your Honour, Mr Greenwood has proposed to us, and the respondents would accept, some orders in terms of certain short minutes.  The short minutes that I am handing to your Honour assume, in effect, that there is on foot a proper proceeding in which orders absolute can be made.  If I could perhaps just shortly indicate to your Honour that in so far as the question of time is concerned, the decision of the Minister's Delegate was made on 11 September 1998 and this application was commenced on 15 July 1999.  So, therefore, an order extending or enlarging time would be required under Order 60 rule 6 in relation to certiorari, and under Order 55 rule 30 in relation to mandamus.

HIS HONOUR:   Yes.

MR JOHNSON:   If I could just indicate to your Honour that the respondents would not oppose an order being made that the time for commencement of this application be abridged or enlarged to the date of filing and, similarly, your Honour, we would not object to the order nisi for certiorari and the order nisi for mandamus being made to bring the matter before the Court, if your Honour thought that was necessary.

HIS HONOUR:   Yes.  I think that is right, Mr Greenwood.  I think the short minutes need a bit of - - -

MR GREENWOOD:   It is questionable whether it is strictly necessary but I ask for the orders.

HIS HONOUR:   Yes.  All right.  I will stand it down for a few minutes and, gentlemen, if you could talk to one another and write such necessary revisions as are necessary on these short minutes and tell me when you are ready.

MR JOHNSON:   Thank you, your Honour. 

HIS HONOUR:   Call the second matter.

AT 9.42 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 9.56 AM:

MR GREENWOOD:   We hand up a short minute of those orders.

HIS HONOUR:   Yes, thank you, Mr Greenwood.

MR GREENWOOD:   There is obviously an undertaking to be typed later in the day so people can read it.

HIS HONOUR:   Yes.  

MR GREENWOOD:   It is in my friend's writing.

HIS HONOUR:   Which is pretty good.  Yes, well I have looked at the papers.  I am satisfied I should make those orders by consent.  I make orders in terms of paragraphs (1), (2), (3), (4) and (5) of the short minutes which I have initialled, dated and placed with the papers.

Thank you, gentlemen.  Do you need to uplift this, Mr Greenwood?

MR GREENWOOD:   Please.

HIS HONOUR:   Yes.  Well, my associate will give it to you.

AT 9.58 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 10.26 AM:

HIS HONOUR:   Mr Johnson, those short minutes do not certify for counsel.

MR JOHNSON:   Yes, your Honour.

HIS HONOUR:   I think they need to.

MR JOHNSON:   Yes.  Thank you, your Honour, for that.

AT 10.26 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 10.46 AM:

HIS HONOUR:   I should indicate that the orders made by consent should be supplemented by a further order in addition to what appears in the short minutes I initialled, dated and placed with the papers; that is to say, an order certifying for counsel.

MR JOHNSON:   Thank you.  Your Honour, I will note that and make sure that what is sent to the Registry later on reflects that.

AT 10.48 AM THE MATTER WAS CONCLUDED