NABV v MIMA

[2003] HCATrans 618

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S215 of 2002

B e t w e e n -

NABV

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 14 MARCH 2003, AT 2.10 PM

Copyright in the High Court of Australia

MR S.B. LLOYD:   I appear for the Minister.  (instructed by Clayton Utz)

GUMMOW J:   Is there any appearance for the applicant?

MR LLOYD:   My understanding is he was here this morning.  I am instructed that his daughter had a doctor's appointment at 2 o'clock.  I understand he was told he should be here nonetheless.

GUMMOW J:   Yes, he was.  Officer, would you call matter No 9 outside the Court.

THE COURT OFFICER:   No response, your Honour.

GUMMOW J:   Yes, thank you, Officer.  We still stand application No 9 in the list and deal with that after we deal with application No 10.

AT 2.12 PM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 2.23 PM:

GUMMOW J:   Call matter No 10 outside the Court again, please, Officer.

THE COURT OFFICER:   No response, your Honour.

GUMMOW J:   Thank you.  This application was originally placed as No 9 in the list.  It was called shortly after 2.00 pm and there was no appearance for the applicant.  The Court had previously been notified that the applicant would be appearing in person to make oral submissions.  The matter was then stood down in the list to stand next after the 10th application, which is the last application in the list.  On the matter being called again at 2.25 pm, again there was no response from the applicant.  In those circumstances, the Court wishes to proceed. 

In the written materials in support of the application the applicant had said that he wished to supplement the written submissions with oral submissions.  Nevertheless, in the circumstances indicated, we have considered the written materials and are satisfied that there is no prospect of any success on any appeal from the decision of the Full Court of the Federal Court.  Accordingly, special leave is refused with costs. 

As indicated, Mr Lloyd, we have had no need to call on you.  The Court will now adjourn until 10.15 am on Tuesday, 1 April in Canberra.

AT 2.27 PM THE MATTER WAS CONCLUDED