Saeed v Minister for Immigration & Citizenship

[2009] HCATrans 287

[2009] HCATrans 287

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S90 of 2009

B e t w e e n -

AMIRA SAEED

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

Application for special leave to appeal

FRENCH CJ
BELL J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 3 NOVEMBER 2009, AT 11.23 AM

Copyright in the High Court of Australia

MR S.B. LLOYD, SC:   May it please the Court, I appear with MR L.J. KARP for the applicant.  (instructed by Christopher Levingston & Associates)

MS M.A. PERRY, QC:   May it please the Court, I appear with MS L.A. CLEGG for the Minister.  (instructed by Australian Government Solicitor)

FRENCH CJ:   Ms Perry, we might hear from you first as to why special leave should not be granted.

MS PERRY:   Your Honours may be aware from the submissions that have been filed by the Minister that the Minister does not oppose the grant of special leave.  In those circumstances, it has been accepted by the Minister that the issue has been raised on a number of occasions in the Court in arguendo and was left open recently in SZIAI.  It is not really proposed to argue for an application for special leave really, and should special leave be granted the Minister would be defending both the construction adopted by the Full Court of section 51A and it would also be defending clearly the constitutional validity of the provision and equivalent provisions in the Migration Act.  I am happy to assist the Court in any other way that I may.

FRENCH CJ:   What is your estimate roughly of time?

MS PERRY:   It may be that the matter could be dealt with in half a day to a day in our estimation.  Certainly it would be no longer than that.

FRENCH CJ:   Yes.  Mr Lloyd.

MR LLOYD:   I agree with that, your Honour.

FRENCH CJ:   In this matter, there will be a grant of special leave.   We will allow up to a day for the hearing.

AT 11.25 AM THE MATTER WAS CONCLUDED