NACL of 2002 v MIMIA

[2003] HCATrans 370

[2003] HCATrans 370

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S1 of 2003

B e t w e e n -

NACL OF 2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GLEESON CJ
GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 16 SEPTEMBER 2003, AT 2.49 PM

Copyright in the High Court of Australia

NACL OF 2002 appeared in person.

MR S.B. LLOYD:   Your Honour, I appear for the Minister in this matter.

GLEESON CJ:   Are you the interpreter?

MS R. YOUSSEF:   Yes, I am.

GLEESON CJ:   Would you please interpret then for the applicant and tell us what he wants to say.  Yes, what do you wish to say?

NACL OF 2002 (through interpreter):   Before we start the session, I have got a problem that I would like to explain to you.  The problem is that five days ago I sent a letter concerning the problem I had with my lawyer.  The problem is that I have given all my documents to a lawyer around three, or three and a half months ago, and I depended on him to take full care of my case.  I do not remember his name precisely.  His name is Paul and I do not remember the rest of the name.  Everything has been going all right until around a month ago when all contact has been cut between us.  He has not been calling and he has not been showing up and he has not been sending me any letters, but with the assistance of some people, some of whom are present with us here today, they managed to get his telephone number and his excuse was that his father has been sick and is in intensive care.  That is why he will not be able to continue taking care of my case.  This was around nine or 10 days ago only and that is why I do not have a lawyer with me today to defend my case.

GLEESON CJ:   And I understand you are applying for an adjournment.

THE INTERPRETER:   He just said he remembered the full name of the lawyer.  He is called Paul McPherson.

NACL OF 2002 (through interpreter):   I am applying for an adjournment for around a week or 10 days maximum, not more, in order for me to obtain the rest of the documentation.  All I have with me right now is just one and I know I will be obtaining some more in the future that would support my case and confirm everything I have stated.

GLEESON CJ:   Thank you.  That tells me what I want to know.  What is your attitude to the application for adjournment, Mr Lloyd?

MR LLOYD:   I do not consent to it, your Honour.  The applicant has not asked for any papers to be replaced.  We did not know about the lawyer at all.

GLEESON CJ:   Yes.  Is there anything else you want to say?

MR LLOYD:   No, your Honour.

GLEESON CJ:   Very well.  This matter will be adjourned and fixed for hearing on 2 December, which is the next available date on which we can deal with this special leave application, and we will expect the matter to be ready to proceed on that day.  I will reserve until 2 December the question of costs of today’s proceedings.

AT 2.54 PM THE MATTER WAS ADJOURNED
UNTIL TUESDAY, 2 DECEMBER 2003