Pejcev, Ex parte - Re Minister for Immigration

[2000] HCATrans 49

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B13 of 2000

In the matter of –

An application for Writs of Prohibition, Mandamus, Certiorari and Injunctions again the MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Ex parte –

TONI PEJCEV

Prosecutor

CALLINAN J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 24 FEBRUARY 2000, AT 10.55 AM

Copyright in the High Court of Australia

HIS HONOUR:   Before we hear Bedane, is just occurs to me that perhaps I might be able to dispose of Pejcev.  Are the parties in that matter here today yet?

MS A. BISHOP:   Your Honour, I am from the Australian Government Solicitor.  We have not been served with that.  I have been told that Mr Pejcev perhaps has not served the Australian Government Solicitor because he has gone overseas, we are told.

HIS HONOUR:   What do you think we should do about the matter then?  We had better call the matter outside the Court.  If you will excuse me, I will deal with this matter first because I do not think there is going to be any appearance.  There is no need to leave the Bar table.  I do not think there is going to be any appearance.

There is no appearance of the applicant, is that correct, Mr Associate.

THE ASSOCIATE:   That is correct, your Honour.

HIS HONOUR:   There is no reason why I should not dismiss the application, is there?  It is an application for an order nisi, is it not?

MS BISHOP:   Yes, your Honour.  I was informed about this matter by the Deputy Registrar of the High Court.  She said to me that it was going to be mentioned before your Honour this morning and that we had not been served.  Ms Rogers was actually the person who told me that he had gone overseas so I cannot see any reason why it cannot be dismissed, if there is no appearance by the applicant.

HIS HONOUR:   Do you know what the date of the application was?

MS BISHOP:   I have not even seen the documents, your Honour.

HIS HONOUR:   If he has not left the country, he can always renew his application for an order nisi anyway, if he has any basis for it.

I dismiss the application.

AT 10.56 AM THE MATTER WAS CONCLUDED