Plaintiff S295-2006 v MIMA & Anor

[2006] HCATrans 567

[2006] HCATrans 567

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S295 of 2006

B e t w e e n -

PLAINTIFF S295/2006

Plaintiff

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Summons for directions

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 11 OCTOBER 2006, AT 11.50 AM

Copyright in the High Court of Australia

MR S.B. LLOYD:   If it please the Court, I appear with my learned friend, MR L.J. KARP, for the plaintiff.  (instructed by Parish Patience Immigration Lawyers)

MR G.R. KENNETT:   May it please the Court, I appear for the first defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Mr Lloyd, does this case raise the same issue as that case of Bodruddaza?

MR LLOYD:   It does, your Honour.  I can indicate that from my client’s position that if Mr Bodruddaza is unsuccessful it is accepted that his case must also fail.  If Mr Bodruddaza’s case is successful, then this Court can remit the matter to the Federal Magistrates Court.

HIS HONOUR:   I will ask you and your opponent whether it is not a convenient course to simply adjourn this matter until we have given our decision in Bodruddaza.

MR LLOYD:   That would be my preferred option, your Honour.

HIS HONOUR:   Bodruddaza has been listed for hearing in December.

MR KENNETT:   The course your Honour proposes is not one that I would necessarily oppose.  I would note, however, two things.  One is that my client submits that in any event there is not an arguable case, and I have set that out in writing as succinctly as I can.  The other matter is my client would also resist the proposition that the matter can be remitted.  That is something which would require argument in due course and the argument obviously could take place once the result in Bodruddaza is known.

HIS HONOUR:   All right.  What I will do in this matter, having regard to what is going on in the case of Bodruddaza v Minister for Immigration and Multicultural Affairs is adjourn this matter until the Court has handed down its decision in Bodruddaza and then after the Court has handed down that decision either party can restore the matter to the list on seven days notice to the other party.  Costs of today’s proceedings shall be costs in the final proceedings.

AT 11.54 AM THE MATTER WAS ADJOURNED