NAWR v MIMIA

[2005] HCATrans 29

[2005] HCATrans 029

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S57 of 2004

B e t w e e n -

NAWR

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 4 FEBRUARY 2005, AT 1.16 PM

Copyright in the High Court of Australia

APPLICANT NAWR appeared in person.

MS R.M. HENDERSON:   If the Court pleases, I appear for the Minister in that matter.  (instructed by Blake Dawson Waldron)

EDILBERT NAVEENAN RAJADURAI, sworn as interpreter:

GUMMOW J:   Mr Translator, will you tell your client that there is a matter we wish to raise first with Ms Henderson.  Ms Henderson, it appeared to us, on looking through this matter, that there seemed to be some attention necessary to section 424A, the construction of which we have presently got under reservation in the matter of SAAP.

MS HENDERSON:   Your Honour is correct, with respect.

GUMMOW J:   Now, rather than take one determinative course or the other at this stage in this application, it may be best to adjourn it for relisting pending the delivery of reasons in SAAP.

MS HENDERSON:   Your Honour, I do not think I could resist that course.  May I just take instructions?  I will not be a moment.

GUMMOW J:   Yes.

MS HENDERSON:   Your Honour, I have those instructions.  We would not oppose the adjournment of the matter.

GUMMOW J:   Yes, application No 11 will be stood over pending the delivery of reasons by the Full Court in the matter of SAAP, which is presently under reservation.  The questions of costs of today will be reserved. 

MS HENDERSON:   If the Court pleases. 

GUMMOW J:   Does your client understand that, Mr Translator? 

NAWR (through interpreter):   Yes, I understand. 

GUMMOW J:   Yes.  Thank you, Mr Translator, for your assistance.  The Court will now adjourn to 10.15 am on Tuesday, 8 February in Canberra. 

AT 1.19 PM THE MATTER WAS ADJOURNED