MZADZ v Minister for Immigration and Border Protection & Anor

[2016] HCATrans 180

[2016] HCATrans 180

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Darwin  No D1 of 2016

B e t w e e n -

MZADZ

Applicant

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON MONDAY, 15 AUGUST 2016, AT 9.32 AM

Copyright in the High Court of Australia

HIS HONOUR:   This is an application pursuant to rule 41.10.1 of the High Court Rules 2004 (Cth) that the applicant’s application for special leave to appeal from a judgment of the Federal Court of Australia (Justice Mansfield) given on 15 January 2016 not be taken to have been abandoned by reason of the applicant’s failure to comply with the requirement in rule 41.10.3(c), as relevantly in force prior to its amendment from 1 July 2016.

The applicant filed his application for special leave to appeal on 8 February 2016 and was required by rule 41.10.3(c) to file and serve a written case and draft notice of appeal by 7 March 2016.  Since he was in immigration detention, he was unable to comply with that time limit but he managed to present the documents for filing, only one day out of time, on 8 March 2016.

On 17 June 2016, the applicant filed a summons of that date seeking an order that the application for special leave not be taken to have been abandoned, supported by an affidavit affirmed 16 May 2016 and filed on 9 June 2016.  The reinstatement of the application is not opposed by the first respondent and the second respondent has filed a submitting appearance.

In the circumstances, it is ordered, pursuant to rule 13.03.1, that:

1.        The applicant’s application for special leave be reinstated.

2.The time for filing the applicant’s summary of argument and draft notice of appeal be extended to 4.00 pm today, 15 August 2016, and those documents be accepted for filing in the form exhibited to the applicant’s affidavit filed on 9 June 2016.

Adjourn now sine die.

AT 9.34 AM THE MATTER WAS ADJOURNED