Plaintiff M20-2007 v Minister for Immigration & Citizenship & Anor

Case

[2007] HCATrans 442

22 August 2007

No judgment structure available for this case.

[2007] HCATrans 442

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M20 of 2007

B e t w e e n -

PLAINTIFF M20/2007

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Application for order to show cause

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 22 AUGUST 2007, AT 10.02 AM

Copyright in the High Court of Australia

MR R.C. KNOWLES:   If your Honour pleases, I appear the first defendant.  (instructed by Clayton Utz)

HIS HONOUR:   In this matter the solicitor for the first defendant has asked the Court to remit the matter to the Federal Court.  The plaintiff does not, I think, appear.  Is there any appearance on behalf of the plaintiff in matter M20?

MR KNOWLES:   But I do not understand that there is an appearance today by the plaintiff, certainly as far as I am aware.  As I understand it, the position of the parties is that the matter can and, subject to the Court’s views, ought to be remitted to the Federal Magistrates Court.

HIS HONOUR:   To the Magistrates, not to the Federal Court?

MR KNOWLES:   That is correct, your Honour.

HIS HONOUR:   Yes.  Well, there will be an order in common form remitting the matter to the Federal Magistrates Court.  The common form order copes with matters of costs and transmission of the record.

MR KNOWLES:   If your Honour pleases.

AT 10.04 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

  • Constitutional Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Jurisdiction

  • Standing

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