Minister for Immigration and Citizenship v SZIAI & Anor

[2009] HCATrans 109

[2009] HCATrans 109

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S37 of 2009

B e t w e e n -

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Appellant

and

SZIAI

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Directions hearing

FRENCH CJ

TRANSCRIPT OF PROCEEDINGS

FROM CANBERRA BY VIDEO LINK TO SYDNEY

ON WEDNESDAY, 27 MAY 2009, AT 4.31 PM

Copyright in the High Court of Australia

MR S.J. GAGELER, SC:   If your Honour pleases, I appear with MR R.T. BEECH‑JONES, SC and MR G.T. JOHNSON for the appellant and also for the Attorney-General of the Commonwealth intervening.  (instructed by Sparke Helmore and Australian Government Solicitor)

MR N.J. WILLIAMS, SC:   May it please the Court, I appear with MR J.G. AZZI for the first respondent.  (instructed by Dobbie and Devine Immigration Lawyers Pty Ltd)

HIS HONOUR:   Now, Mr Solicitor, you have a minute of proposed orders.

MR GAGELER:   Yes, your Honour, that would be by consent.  Your Honour, the timetable is designed to have the matter ready for the sitting of the Court that begins on 28 July.

HIS HONOUR:   Yes, all right.  I think we will make every endeavour to list it in those sittings.

MR GAGELER:   Yes.

HIS HONOUR:   Mr Williams, do you have any problem with that timing?

MR WILLIAMS:   No, your Honour, not if it is heard in those sittings, no.  The later sitting is not problematic.

HIS HONOUR:   I should indicate, I think at the moment we have, Mr Williams, four paragraphs on the constitutional point that you seek to raise and it is obviously an important point and one would expect plainly to see a bit more elaboration in your re‑filed submissions.

MR WILLIAMS:   Yes, we propose to do that, your Honour.

HIS HONOUR:   All right.  We are keen on brevity, but ‑ ‑ ‑

MR WILLIAMS:   Yes.

HIS HONOUR:   Mr Solicitor, presumably with you as common representative, the Minister and the Attorney are taking the same position?

MR GAGELER:   Yes, your Honour, even without me as a common representative I would hope that to be the case.

HIS HONOUR:   It does not always happen, as we saw just recently.

MR GAGELER:   I hope it to happen more and more.

HIS HONOUR:   Yes, all right.  By consent, I will make orders in terms of the minutes.

1.Pursuant to rule 4.02, the time fixed by rule 42.08.5 be enlarged to permit the first respondent to file the notice of contention attached to the affidavit of Mr Nigel Dobbie filed 13 May 2009.

2.On or before 5 June, the first respondent file any further notice pursuant to section 78B of the Judiciary Act 1903 (Cth).

3.On or before 19 June, the appellant and the Commonwealth Attorney‑General file and serve written submissions in place of the written submissions of the appellant filed on 12 May 2009.

4.On or before 10 July, the first respondent file and serve any written submissions in place of the written submissions filed on 15 May 2009.

5.On or before 17 July, any intervener (other than the Commonwealth Attorney‑General) file written submissions.

6.On or before 24 July, the appellant and the Commonwealth Attorney‑General file and serve any written submissions in reply.

7.The costs of today be costs in the cause.

As I have indicated, we will seek to list that in the July/August sittings.

MR GAGELER:   If the Court pleases.

HIS HONOUR:   Thank you.  The Court will now adjourn.

AT 4.35 PM THE MATTER WAS CONCLUDED