SZAFD v MIMIA

[2005] HCATrans 148

[2005] HCATrans 148

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S22 of 2004

B e t w e e n -

SZAFD

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 11 MARCH 2005, AT 1.50 PM

Copyright in the High Court of Australia

SZAFD appeared in person.

MR S.B. LLOYD:   May it please the Court, I appear for the respondent.  (instructed by Clayton Utz)

MUHAMMAD IQBAL HYE CHOWDHURY, affirmed as interpreter:

GUMMOW J:   Now, Mr Interpreter, if you tell the applicant that we have read the written materials and we will hear anything he wishes to add now orally to what has been said in writing. 

SZAFD (through interpreter):   Actually, I have engaged a barrister.  I pray for time.  I have got a case against me since January.  I was in custody or in gaol for 10 days.  Now I am on bail so that is why I pray for time and so that I can engage a barrister and appear in the Court. 

GUMMOW J:   What is the nature of the pending case that you have just been telling us about?

SZAFD (through interpreter):   You are talking of the one which is pending?

GUMMOW J:   Yes.

SZAFD (through interpreter):   I have a police case against me.  I have been implicated in a false case.  It is a money‑laundering case. 

GUMMOW J:   I see, yes.  Thank you.  What is the Minister’s attitude, Mr Lloyd, to this adjournment application?

MR LLOYD:   The first I heard of it was when the applicant got up.  My client would not consent and the applicant has had nine months from the filing of the special leave application until today to arrange counsel and to do whatever needs to be done.  There is no evidence to suggest he is going to get any counsel.  In my submission, the adjournment application should be refused.

GUMMOW J:   We are anxious to have an indication of what the time scale is of these pending charges.  I mean, is there any date yet for trial? 

SZAFD (through interpreter):   Yes.

GUMMOW J:   What is it?

SZAFD (through interpreter):   One is at Crime Commission on 7 April and the Local Court 28 June.

GUMMOW J:   Mr Lloyd, we are minded to adjourn the application to the next sittings of the Court to hear applications in Sydney on or after August. 

In the meantime, having looked at the papers, we are of the view that we would be assisted by having legal counsel appear for the applicant and we propose that the Registrar provide you with a copy of today’s remarks in the transcript and you then approach the New South Wales Bar Association to see what could be done for providing pro bono counsel.

Is that understood?

SZAFD (through interpreter):   Yes.

GUMMOW J:   Thank you.  Sit down if you would.

We will adjourn this application to the next special leave sittings in Sydney on or after August and we draw attention to what we have already said as to the wisdom of obtaining the assistance of counsel for the applicant on that occasion.

Costs of today will be costs of the special leave application.

Thank you for your assistance, Mr Interpreter.

AT 1.57 PM THE MATTER WAS CONCLUDED