Plaintiff S33/2017 v Minister for Immigration and Border Protection & Ors

[2017] HCATrans 91

[2017] HCATrans 091

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S33 of 2017

B e t w e e n -

PLAINTIFF S33/2017

Plaintiff

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Defendant

THE OFFICER IN CHARGE, VILLAWOOD IMMIGRATION DETENTION CENTRE

Second Defendant

SECRETARY, DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION

Third Defendant

COMMONWEALTH OF AUSTRALIA

Fourth Defendant

KEANE J
TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO SYDNEY

ON WEDNESDAY, 26 APRIL 2017 AT 9.32 AM

Copyright in the High Court of Australia

____________________

MS A. RAO:   May it please the Court, I appear for the plaintiff.  (instructed by Allens)

MS F.I. GORDON:   May it please the Court, I appear for the defendants.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, Ms Rao.  Where are we with this matter?

MS RAO:   Your Honour has hopefully received the documents through the Registry this morning.

HIS HONOUR:   I have.

MS RAO:   It is a record – it is a one‑page document that is a record of a decision taken by the Minister to grant the plaintiff a Bridging E visa for a period of six months.  That circumstance will obviously have some impact – have some considerable impact on these proceedings, so what we are seeking on our side of the record is an adjournment for a period of not less than two weeks in order for us to seek instructions from the plaintiff properly and to consider what steps he wishes to take in view of that late breaking development with respect to these proceedings.

HIS HONOUR:   Thanks, Ms Rao.  Ms Gordon, what is your client’s attitude?

MS GORDON:   The defendants are content with that course, a sensible course, your Honour.

HIS HONOUR:   Not less than two weeks.

MS RAO:   That is what we seek, your Honour, but obviously subject to the Court’s convenience and we were conscious that the Full Court is sitting in Canberra for the following two weeks.

HIS HONOUR:   Yes, thanks for that.  Well, would it be satisfactory if we were to adjourn today’s hearing to Tuesday, 16 May?  Would that be satisfactory?

MS RAO:   That is convenient to us, your Honour.

HIS HONOUR:   Ms Gordon?

MS GORDON:   Yes, your Honour.

HIS HONOUR:   Very well then.  I will adjourn the summons for directions until 9.30 am on Tuesday, 16 May and costs reserved.

MS RAO:   May it please the Court.

HIS HONOUR:   The Court will now adjourn.

AT 9.35 AM THE MATTER WAS ADJOURNED