Plaintiff S341/2012 and Minister For Immigration And Citizenship and Refugee Review Tribunal

[2013] HCATrans 88

[2013] HCATrans 088

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S341 of 2012

B e t w e e n -

PLAINTIFF S341/2012

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Summons

GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 26 APRIL 2013, AT 10.08 AM

Copyright in the High Court of Australia

MS B.M. RAYMENT:   May it please the Court, I appear for the first defendant, your Honour.  (instructed by Sparke Helmore)

HIS HONOUR:   Thank you, Ms Rayment.  In the absence of anyone at the Bar table for the plaintiff the matter should be called outside the Court.

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Thank you.  I note that there is no appearance for the plaintiff.  Ms Rayment, you have a summons on which you move of 29 January 2013?

MS RAYMENT:   Yes, your Honour, in support.

HIS HONOUR:   You read in support two affidavits - an affidavit of Rohan John White sworn 12 February 2013 and an affidavit of the same deponent sworn 24 January 2013?

MS RAYMENT:   Yes, your Honour, I do.

HIS HONOUR:   Yes, thank you. 

This proceeding was commenced in the original jurisdiction of the High Court under section 75(v) of the Constitution by an application for an order to show cause filed on 5 December 2012. The application seeks constitutional writs directed to the Minister for Immigration and Citizenship and the Refugee Review Tribunal in circumstances where the Tribunal has affirmed the decision of a delegate of the Minister to refuse to grant the plaintiff a protection visa.

The Minister as first defendant moves on a summons dated 29 January 2013 seeking an order that the application be dismissed.  The plaintiff was removed from Australia on 18 January 2013.  He has no entitlement to return.  The relief the plaintiff seeks would, in those circumstances, be futile.

I order that the proceeding be dismissed with costs.

AT 10.11 AM THE MATTER WAS CONCLUDED