SZBJL v MIAC

[2007] HCATrans 708

[2007] HCATrans 708

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S478 of 2007

B e t w e e n -

SZBJL

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for reinstatement

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 20 NOVEMBER 2007, AT 3.31 PM

Copyright in the High Court of Australia

SZBJL appeared in person.

MR P.S. BRAHAM:   If your Honour pleases, I appear for the first respondent.  (instructed by Clayton Utz)

HIS HONOUR:   Yes, go ahead.

SZBJL:   I agree with the High Court Rule that I was supposed to submit the written application within 28 days but at the same time I was writing the case by myself and I had to do my works as well to fulfil my basic needs, so I could not submit the application within that time.

HIS HONOUR:   Thank you.  Take a seat.  Yes, Mr Braham.

MR BRAHAM:   Your Honour, the applicant has never been able to enunciate any arguable ground of review of the Tribunal decision.

HIS HONOUR:   I have read your submissions of 19 November.

MR BRAHAM:   Yes.

HIS HONOUR:   What I am presently minded to do, subject to anything you want to say further to what you have put in your written submissions, is to make the order that the applicant seeks but on condition that he serves his written case and draft notice of appeal within 14 days of today’s date and if he does not do that, then his matter will not be restored to the list.

MR BRAHAM:   As your Honour pleases.  There is nothing I wish to add to the written outline.

HIS HONOUR:   You heard what I said then?

SZBJL:   Yes.

HIS HONOUR:   What I propose to do is give you an opportunity to file and serve your case within 14 days.  If you do not do that, then your application will not be reinstated.

SZBJL:   .....

HIS HONOUR:   On condition that the applicant file and serve his written case and draft notice of appeal within 14 days of today’s date I order that the application for special leave to appeal be reinstated and that costs of today be costs in the application for special leave. 

I direct that the Registry note the existence of the costs order on the file so that it can be brought to the notice of the Justices dealing with the application for special leave.

MR BRAHAM:   If the Court pleases.

AT 3.33 PM THE MATTER WAS CONCLUDED