SBBS v MIMIA

[2004] HCATrans 304

[2004] HCATrans 304

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A366 of 2002

B e t w e e n -

SBBS

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

McHUGH J
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON THURSDAY, 12 AUGUST 2004, AT 11.13 AM

Copyright in the High Court of Australia

MR G.F. BARRETT, QC:   May it please the Court, I appear for the applicant.  (instructed by Refugee Advocacy Service of South Australia)

MS S.J. MAHARAJ:  If it please your Honours, I appear for the respondent.  (instructed by Sparke Helmore)

McHUGH J:   Yes, Mr Barrett. 

MR BARRETT:   If it please the Court, my first matter is to apply to amend the special leave question identified in Part I of the summary of argument.  I seek to amend it to substitute the three questions which appear in paragraph 20 of the supplementary summary of argument.  They are: 

(i)       What information must be given to an applicant to comply with Section 424A(1) of the Migration Act ‑ ‑ ‑

GUMMOW J:   Well, we are reserved on (i) and (ii).

MR BARRETT:   Yes.

GUMMOW J:   Normally that would mean we stood this application over to await the outcome. 

MR BARRETT:   I appreciate that that may well be the appropriate course to take, your Honour, and I was going to draw the Court’s attention to it lest it not be ‑ ‑ ‑

McHUGH J:   Well, it seems the appropriate course to stand it over, do you not think, Ms Maharaj?

MS MAHARAJ:   Yes.  Just for your Honours’ information, your Honours may be familiar with the fact that a similar course was followed in another matter before a different court.

McHUGH J:   In the other panel, was there?

MS MAHARAJ:   Yes, your Honour.  So the issue does arise as to how many vehicles your Honours do want to save raising the precise issue that has been raised by my friend in this matter.

McHUGH J:   Given the fact that similar issues, if not identical issues, are being considered by the Court at the present time in a reserved judgment, the appropriate course is to adjourn this matter until judgment in that matter. 

The Court will now adjourn to reconstitute.

AT 11.16 AM THE MATTER WAS ADJOURNED