MZXLD v MIAC & Anor

Case

[2009] HCATrans 229

No judgment structure available for this case.

[2009] HCATrans 229

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M42 of 2009

B e t w e e n -

MZXLD

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Application for an order to show cause

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 16 SEPTEMBER 2009, AT 10.04 AM

Copyright in the High Court of Australia

MZXLD appeared in person.

MR R.C. KNOWLES:   Your Honour, if it pleases the Court, I appear for the first defendant.  (instructed by Australian Government Solicitor)

HER HONOUR:   My understanding is that there is no interpreter available today and the matter will accordingly need to be adjourned.  What I would contemplate is adjourning the matter over till 9.30 on Wednesday, 7 October at which time it is anticipated a Singhalese interpreter would be available.  Mr Knowles, it has been foreshadowed, as I understand it, in a document received today that the plaintiff wants to make an amendment to the proceeding.

MR KNOWLES:   Yes.

HER HONOUR:   That can be undertaken between now and the return date of 7 October.  You will need to speak to the Registry about your desire to amend your application.  All right, thank you.

MR KNOWLES:   If your Honour pleases.

HER HONOUR:   I simply adjourn the matter to 9.30 on 7 October.

MR KNOWLES:   The only other issue, your Honour, is perhaps whether or not there ought to be any direction made in respect of the date by which the plaintiff will file and serve any amended application.

HER HONOUR:   Yes.  I will direct that that be done by the Monday.  I will direct that the applicant file and serve any amended application on or before 4.00 pm on Monday, 5 October 2009.

MR KNOWLES:   If your Honour pleases.

HER HONOUR:   Thank you.

AT 10.06 AM THE MATTER WAS ADJOURNED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Jurisdiction

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