Miah, Ex parte - Re Min for Immig

[1999] HCATrans 489

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S199 of 1999

In the matter of –

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

First Respondent

RAUL MENDOZA in his capacity as a delegate of the MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

Second Respondent

Ex parte –

MD ATAUL HAQUE MIAH

Prosecutor

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 20 DECEMBER 1999, AT 10.20 AM

(Continued from 26/11/99)

Copyright in the High Court of Australia

MR J. BASTEN, QC:   I appear for the prosecutor.  (instructed by R. Kessels)

MR P. ROBERTS:  I appear for the first respondent, your Honour.  (instructed by the Australian Government Solicitor)

MR BASTEN:    Your Honour, the evidence has been completed in this matter.  I do not understand my friend is seeking to file any evidence and we do not anticipate any cross-examination and the matter can be listed for hearing as your Honour indicated.

HIS HONOUR:   Yes.  Very well, I direct that this matter be listed for hearing not before 12 noon on Monday 17 January.

MR BASTEN:   If the Court pleases.

HIS HONOUR:   Anything further?

MR ROBERTS:    Written submissions, your Honour.

HIS HONOUR:   Yes, the prosecutor should file written submissions by 5.00 pm on Monday, 10 January.  The respondent to file its written submissions by 5.00 pm on Thursday, 13 January.  Any written submissions in reply by the prosecutor to be filed by 5.00 pm on 14 January.

MR BASTEN:   If your Honour pleases

AT 10.21 AM THE MATTER WAS ADJOURNED
UNTIL MONDAY, 17 JANUARY 2000