Plaintiff S164/2018 A v Minister for Home Affairs

[2019] HCASL 128

PLAINTIFF S164/2018 A

v

MINISTER FOR HOME AFFAIRS

[2019] HCASL 128
S294/2018

1. The applicant seeks leave to appeal from the judgment and orders of Gageler J given and made on 30 August 2018 of which the effect was to dismiss the applicant's application for an order to show cause why writs of prohibition and habeas corpus should not go to the respondent, the Minister for Home Affairs, requiring the applicant's release from immigration detention.  The applicant also seeks an order that the application be heard and determined by a Full Court comprised of not less than three Justices of the Court.

2. The applicant requires an extension of time but there is nothing to be gained by granting an extension.  Gageler J's judgment was plainly correct and an appeal to this Court would enjoy no prospect of success.  For the same reason, the notion that the application should be heard and determined by a Full Court comprised of not less than three Justices has nothing to commend it.

3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

4. Subsequently, on 3 December 2018, the applicant filed an application by summons for an order for judgment in default of the Minister's appearance. The Minister was not in default. Pursuant to r 13.03.1 of the High Court Rules, we direct that the summons be determined without listing it for hearing and direct the Registrar to draw up, sign and seal an order dismissing the summons with costs.

G.A.A Nettle	M.M Gordon
17 April 2019