Ruhunuhewa, Kumari, Ex parte - Re Min for Imm & Ors

[2000] HCATrans 367

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S130 of 2000

In the matter of –

An application for Writs of Prohibition and Certiorari against the MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS (on own behalf and as representative of the delegates of the Minister)

First Respondent

SECRETARY, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS (on own behalf and as representative of the delegates of the Minister)

Second Respondent

CHIEF EXECUTIVE OFFICER AUSTRALIAN CUSTOMS SERVICE

Third Respondent

DIRECTOR, AUSTRALIAN PROTECTIVE SERVICE

Fourth Respondent

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

Fifth Respondent

PRINCIPAL MEMBER OF REFUGEE REVIEW TRIBUNAL (on own behalf and as representative of the Refugee Review Tribunal and the Members of the Refugee Review Tribunal)

Sixth Respondent

Ex parte –

AVRILLE ELAIN RUHUNUHEWA (on own behalf and as representative on behalf of other persons as set out in the Schedule of Represented Persons)

Prosecutor/Applicant

Office of the Registry
  Sydney  No S174 of 2000

In the matter of –

An application for Writs of Prohibition and Certiorari, and Declarations against the MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS (on own behalf and as representative of the delegates of the Minister)

First Respondent

SECRETARY, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS (on own behalf and as representative of the delegates of the Minister)

Second Respondent

CHIEF EXECUTIVE OFFICER AUSTRALIAN CUSTOMS SERVICE

Third Respondent

DIRECTOR, AUSTRALIAN PROTECTIVE SERVICE

Fourth Respondent

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

Fifth Respondent

PRINCIPAL MEMBER OF REFUGEE REVIEW TRIBUNAL (on own behalf and as representative of the Refugee Review Tribunal and the Members of the Refugee Review Tribunal)

Sixth Respondent

Ex parte –

SURUJ KUMARI (on own behalf and as representative on behalf of other persons as set out ion the Schedule of Represented Persons)

Prosecutor/Applicant

KIRBY J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 21 AUGUST 2000, AT 9.34 AM

Copyright in the High Court of Australia

MR R.W. KILLALEA:   If the Court pleases, I appear for the prosecutor in both matters.  (instructed by Coelho & Coelho)

MR S.J. GAGELER:   If your Honour pleases, I seek leave to appear for the first and second respondents in each matter.  (instructed by the Australian Government Solicitor)

HIS HONOUR:   Is there any objection to that?

MR KILLALEA:   No objection, your Honour.

HIS HONOUR:   Yes, you have that leave.  Is it convenient to deal with these two matters together?

MR KILLALEA:   Yes, it is, your Honour.

HIS HONOUR:   I have read the applications and it seems that they are related to another matter in respect of which special leave may be sought, is that correct?

MR KILLALEA:   Yes, special leave has been sought, your Honour.

HIS HONOUR:   It has been sought already?

MR KILLALEA:   Yes, the application has been filed.

HIS HONOUR:   Is that listed for hearing?

MR KILLALEA:   Not currently listed.

HIS HONOUR:   What do you want me to do today?

MR KILLALEA:   I ask that both matters be adjourned pending determination of that special leave application.

HIS HONOUR:   What is your attitude to that, Mr Gageler?

MR GAGELER:   Your Honour, I support that course.

HIS HONOUR:   Very well.  What am I to do in relation to costs of today?  Are they to be costs in the application so returned?

MR KILLALEA:   Yes, if your Honour pleases.

HIS HONOUR:   Is it desirable that a date be fixed or is it impossible for us to do that in view of the fact that we do not know when the special leave will be fixed?

MR KILLALEA:   We do not know when the special leave will be fixed, your Honour, but perhaps a direction that the parties, the prosecutor, comes back to the Court within a fortnight of the special leave application being determined.

HIS HONOUR:   I think it is probably better just to leave it to the Registrar to list it in consultation with the parties after the determination of the special leave application, or when the special leave application is known.

MR KILLALEA:   Yes.

HIS HONOUR:   Very well, by consent of the parties, in these two matters, stand each of the applications out of the list today; direct that those applications be relisted on a date to be notified to the parties by the Deputy Registrar, having regard to the date for the hearing of the special leave application in the matter of SZ v The Minister for Immigration and Multicultural Affairs & Ors.  Costs of today will be costs in the applications, so returned.  The matters need not be returned before me but before the duty Judge on the day assigned.  I certify for the attendance of counsel in chambers.

AT 9.37 AM THE MATTER WAS ADJOURNED