Plaintiff S278/2012 v Minister for Immigration and Citizenship and Anor

[2013] HCATrans 11

[2013] HCATrans 011

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S278 of 2012

B e t w e e n -

PLAINTIFF S278/2012

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Application for order to show cause

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 11 FEBRUARY 2013, AT 9.48 AM

Copyright in the High Court of Australia

MR J.B. KAY HOYLE:   May it please the Court, I appear on behalf of the first respondent and the applicant on the summons.  (instructed by Clayton Utz)

HIS HONOUR:   Will you please call the plaintiff outside the Court?

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Thank you.  If there is no further evidence, I do not think I need to trouble you, Mr Kay Hoyle.

On 25 September 2012, the plaintiff filed an application to show cause why relief should not be granted against the first defendant in relation to a decision of the second defendant made on 19 March 2010. 

On 14 December 2012, the first defendant filed a summons seeking an order that the plaintiff’s application be dismissed.  That order should be made.  The plaintiff left Australia on 22 November 2012 and he has no valid visa.  Even if the proceedings continue, the only relief could result in the matter returning to the second defendant.  The second defendant could not grant the plaintiff a protection visa because he is not in Australia and has no right to return.  Further, the application was filed nearly two and a half years out of time.  The plaintiff has filed no evidence explaining that delay.  I order that the plaintiff’s application be dismissed with costs. 

AT 9.50 AM THE MATTER WAS CONCLUDED