Ramasahayam v Minister for Immigration and Border Protection and Anor

[2014] HCATrans 298

[2014] HCATrans 298

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne   No M46 of 2014

B e t w e e n -

PRASHANTH REDDY RAMASAHAYAM

Applicant

and

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

Pronouncement of orders

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 19 DECEMBER 2014, AT 9.31 AM

Copyright in the High Court of Australia

HER HONOUR:   The Court has been advised there will be no appearance in this matter.

On 10 October 2014, I made orders reinstating the applicant’s application for special leave to appeal and requiring the applicant to file a written case within 28 days of notification by the first respondent of the handing down of the judgment of the Full Court of the Federal Court of Australia in matter NSD905 of 2014.  On 9 December 2014, the first respondent filed an affidavit of Mr Nicholas Swan.  Mr Swan states in his affidavit that matter NSD905 of 2014 was discontinued on 25 November 2014.  A copy of the notice of discontinuance of this appeal is exhibited to the affidavit.

Pursuant to the liberty to apply granted on 10 October 2014, the first respondent now seeks orders requiring the applicant to file a written case within 28 days. In the circumstances it is appropriate to make the orders sought by the first respondent and to do so without a hearing pursuant to rule 13.03.1 of the High Court Rules 2004 (Cth).

The Court orders that:

1.Paragraphs 2 and 3 of the order of the Justice Crennan dated 10 October 2014 be vacated.

2.The applicant is to file a written case within 28 days of the date of this order and otherwise in accordance with rule 41.10.3 of the High Court Rules.

3.If the applicant does not comply with paragraph 2 of these orders, the application will be taken to be abandoned.

AT 9.33 AM THE MATTER WAS ADJOURNED