Plaintiff M36-2006 v MIMA & Anor

[2006] HCATrans 450

[2006] HCATrans 450

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M36 of 2006

B e t w e e n -

PLAINTIFF M36/2006

Plaintiff

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Summons for directions

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 24 AUGUST 2006, AT 10.31 AM

Copyright in the High Court of Australia

MR C.J. HORAN:   Your Honour, I appear for the first defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, Mr Horan.

MR HORAN:   Perhaps if the plaintiff be called, although I can foreshadow that it is unlikely that the plaintiff will respond, as in M34/2006, I am instructed that the plaintiff departed Australia on 27 July 2006 and I seek leave to hand up an affidavit of Maria Ngo sworn 24 August 2006.

HIS HONOUR:   Yes.  You may have leave to file that in Court.  The plaintiff will be called. Assuming, as I do, that there will be no appearance - it will come as a shock to the Minister if there is, will it not, Mr Horan?

MR HORAN:   Yes.  He might have to have a DNA check.

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Thank you.

The proceeding will be dismissed.  The plaintiff will pay the Minister’s costs.

AT 10.32 AM THE MATTER WAS CONCLUDED