Plaintiff S279/2012 v Minister for Immigration and Citizenship and Anor

[2013] HCATrans 12

[2013] HCATrans 012

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S279 of 2012

B e t w e e n -

PLAINTIFF S279/2012

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Defendant

Application for order to show cause

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 11 FEBRUARY 2013, AT 9.50 AM

Copyright in the High Court of Australia

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

HIS HONOUR:   Could we have the plaintiff called outside the Court please? 

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Yes, thank you.  No further evidence?

MR KAY HOYLE:   No, your Honour. 

HIS HONOUR:   You need not make any submissions, Mr Kay Hoyle.

On 25 September 2012, the plaintiff filed an application for an order to show cause why relief should not be granted in relation to the failure of the Refugee Review Tribunal in 2009 to overturn a decision of a delegate of the defendant not to grant the plaintiff a protection visa. 

On 14 December 2012, the defendant filed a summons seeking an order that the plaintiff’s application be dismissed.  That order should be made.  The plaintiff has left Australia and has no entitlement to return.  Even if the relief sought in the application to show cause were granted, the return of the matter to the Refugee Review Tribunal would be futile because it could not grant the plaintiff a visa.  Further, the plaintiff requires a substantial extension of time for filing the application, but has failed to file evidence explaining her delay in commencing the proceeding.  I order that the plaintiff’s application be dismissed with costs.

Thank you, Mr Kay Hoyle.

AT 9.52 AM THE MATTER WAS CONCLUDED