SZAFV v MIMIA

[2004] HCATrans 504

[2004] HCATrans 504

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S4 of 2004

B e t w e e n -

SZAFV

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GLEESON CJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 30 NOVEMBER 2004, AT 12.32 PM

Copyright in the High Court of Australia

SZAFV appeared in person.

MR R.J. BROMWICH:   May it please the Court, I appear for the respondent.  (instructed by Australian Government Solicitor)

EDILBERT RAJADURAI, sworn as interpreter:

GLEESON CJ:   You are the applicant in these proceedings?

SZAFV (through interpreter):   Yes.

GLEESON CJ:   Can you speak a little English?

SZAFV:   Yes, I can.

GLEESON CJ:   Well, you please yourself whether you talk to us in English or whether you want to talk through the interpreter.

SZAFV:   I talk with interpreter.

SZAFV (through interpreter):   There are still problems in India in relation to my case, your Honours.  I was unable to assign a barrister in order to point out the mistakes of the Refugee Review Tribunal, the RRT.  In this regard, if an adjournment is given, I shall be able to raise some funds with the help of a friend.  That is all.

GLEESON CJ:   Are you applying for an adjournment?

SZAFV (through interpreter):   Yes.

GLEESON CJ:   For what period?

SZAFV (through interpreter):   For one month.

GLEESON CJ:   What is your application to that, Mr Bromwich?

MR BROMWICH:   My instructions are to oppose the application, your Honours.

GLEESON CJ:   Have you been represented by lawyers at any stage of these proceedings?

SZAFV (through interpreter):   No, your Honours, not so far.

GLEESON CJ:   Well, this is a fairly late stage at which to seek for the first time to be represented by a lawyer.

SZAFV (through interpreter):   Your Honours, I do understand that this is the final stage of these legal proceedings.  That is why I need an adjournment so that I can get some legal representation.

GLEESON CJ:   When were you notified that this matter was listed for hearing today?

SZAFV (through interpreter):   About one and a half or two months ago, your Honours.

GLEESON CJ:   Why did you not attempt to get a lawyer before now?

SZAFV (through interpreter):   At that time, the circumstances were such that I was unable to arrange legal representation.

GLEESON CJ:   Why was that?

SZAFV (through interpreter):   For reasons of my financial situation.  Only now has a friend of mine promised to help me with some money.

GLEESON CJ:   You will understand that one of the difficulties in agreeing to your application is that you have left this to a very, very late stage of the proceedings.  What is the explanation of how it is that moneys have recently become available to you that were not available earlier.

SZAFV (through interpreter):   Initially when I asked him, he refused to help me with the money but now he has agreed.  In this relation, I wish to submit something, your Honours. 

GLEESON CJ:   Thank you.  Can you show it to Mr Bromwich first, thank you.

MR BROMWICH:   Just to correct one small thing, your Honours, can I just indicate that the matter was set down before Registrar Gray on 16 June and the applicant was in attendance on that time.

GLEESON CJ:   Counsel says that this matter was set down on 16 June and that you were in attendance before Deputy Registrar Gray at the time the matter was set down.  Is that correct?

SZAFV (through interpreter):   Yes.

GLEESON CJ:   Yes, that will be marked “1” and placed with the papers.  Is there anything further that you want to say?

SZAFV (through interpreter):   I was unable to point out the jurisdictional errors made by the Refugee Review Tribunal.  The Federal Magistrates Court as well as the Federal Court did the same mistake as the RRT.

GLEESON CJ:   I am only considering the application for adjournment at the moment. 

SZAFV (through interpreter):   In this regard I do not want to say anything else, your Honours.

GLEESON CJ:   On 16 June 2004 this matter was listed for hearing today.  The applicant has not, at any stage of the litigious proceedings in this matter, been represented by a lawyer.

When the matter was called on for hearing today the applicant informed the Court that he would like an adjournment in order to enable him to consult a lawyer.  When asked why he had not taken earlier steps to obtain the services of a lawyer, he said that he had only recently had money made available to him through the generosity of another person.

We do not consider that the applicant has given a satisfactory explanation of why he could not, at an earlier stage, have attempted to obtain legal representation.  We are not persuaded that the interests of justice require that he be given the adjournment that he seeks and the application for adjournment is refused.

Now, go ahead and say anything that you want to say about the application.

SZAFV (through interpreter):   I do not wish to say anything, your Honours.

GLEESON CJ:   Thank you.  We do not need to hear you, Mr Bromwich.

In this matter, we have considered the submissions of the applicant.  We are of the view that there are insufficient prospects of success of an appeal to warrant a grant of special leave and the application is refused with costs.

AT 12.43 PM THE MATTER WAS CONCLUDED