MZYHF v Minister for Immigration and Citizenship & Anor

[2011] HCATrans 316

[2011] HCATrans 316

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M162 of 2010

B e t w e e n -

MZYHF

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for reinstatement

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 10 NOVEMBER 2011, AT 10.18 AM

Copyright in the High Court of Australia

MR B.C.J. WEE:   May the Court please, I appear for the first respondent.  (instructed by DLA Phillips Fox)

HIS HONOUR:   Mr Wee, the applicant has put on a summons for reinstatement.  I am not aware of the applicant being represented in Court today, or being present.  Nonetheless, is not the better course to adopt to reinstate the application and let it then go through and be determined in the ordinary fashion?

MR WEE:   My instructions are to neither oppose nor consent to the application, given the affidavit.

HIS HONOUR:   I understand that.  The applicant will have an order of the kind he seeks, namely that his application for special leave to appeal is reinstated.  Mr Wee, if I were to make an order that costs of the application for reinstatement stand as costs in the application for special leave, would that suffice for the moment?

MR WEE:   The Minister would be satisfied with that order.  Your Honour, would there be any need to make an order for the applicant to file the summary of argument and the related documents?  I understand they have not been filed.

HIS HONOUR:   Your question is very good, Mr Wee, very good in the sense that I do not know.  The answer is probably yes, I should, and if I were to fix 28 days for him to do it.

MR WEE:   There would be no objection from the Minister to that.

HIS HONOUR:   Yes.  There will be an order reinstating the application.  I direct that the plaintiff’s summary of argument and any other document required by the Rules be filed but not, I think, served, Mr Wee – simply filed on or before 4.00 pm, 8 December 2011.  Costs of the application will be costs in the application for special leave.

MR WEE:   If the Court please.

HIS HONOUR:   Yes, thank you.  I will adjourn until 10.30 to enable the establishment of the video link.

AT 10.21 AM THE MATTER WAS ADJOURNED