SZCXK v MIMIA & Anor

[2006] HCATrans 657

[2006] HCATrans 657

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S337 of 2006

B e t w e e n -

SZCXK

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Summons for reinstatement

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 20 NOVEMBER 2006, AT 2.19 PM

Copyright in the High Court of Australia

SZCXK appeared in person.

MR T. REILLY:   May it please the Court, I appear for the first respondent.  (instructed by Sparke Helmore)

SHAHADATH ALI, affirmed as interpreter:

HIS HONOUR:   Just before I call on the applicant, Mr Reilly, what are the times involved in this?  When was this application deemed abandoned?

MR REILLY:   Your Honour, it was deemed abandoned on 18 October 2006.

HIS HONOUR:   Right, and then an application for reinstatement was filed on 7 November 2006?

MR REILLY:   Yes, your Honour.

HIS HONOUR:   If the application is reinstated in the ordinary course a matter like this would be sent to a panel of Justices to be considered on the papers, would it not?

MR REILLY:   Yes, your Honour.

HIS HONOUR:   Why should I not just do that?

MR REILLY:  Your Honour, we say the explanation for the applicant not filing his summary of argument is inadequate, that he was in constant prayer and could not leave his house, as I understand his affidavit.  That does not, on the face of it, seem to be anything more than just the applicant’s own choice.

HIS HONOUR:   If the application is reinstated, will a further document be filed by the applicant in the form of an application?

MR REILLY:   I imagine there would have to be, your Honour – I am sorry, not perhaps a new application, but he would need to file a summary of argument, which is why it was deemed abandoned in the first place.

HIS HONOUR:   Thank you.  Stand up, please.  How long do you need to file your summary of argument?

SZCXK (through interpreter):   One or one and a half month.

HIS HONOUR:   Why do you need more than a week?

SZCXK (through interpreter):   I do not have any lawyer.  I have talked to the Legal Aid.

HIS HONOUR:   What have you been doing about getting your summary of argument prepared while this delay has been going on?

SZCXK (through interpreter):   It was holy month and moreover I did not receive any letter or anything.  I did not know what to do.

HIS HONOUR:   Why should I not make an order reinstating the matter on condition that you file your summary of argument within 14 days of today?

SZCXK (through interpreter):   I will talk to Legal Aid and try to get a date earlier, but if they give me a date.

HIS HONOUR:   What about that, Mr Reilly?  The main thing is to bring the thing to a head.

MR REILLY:   Yes.  Your Honour, we also say there is no viable ground made out in the current application, given that ‑ ‑ ‑

HIS HONOUR:   You may be right about that, but there is a level of micromanagement to which I do not think it is appropriate to go.

MR REILLY:   Your Honour, I do not want to take up too much of the Court’s time.  If your Honour is minded to give the applicant 14 days, that seems an appropriate time to file the summary of argument.

HIS HONOUR:   What is the position about costs? 

MR REILLY:   Costs of the cause.

HIS HONOUR:   I am willing to reinstate your application, but only on condition that you file your summary of argument within 14 days of today.  The consequence of that is that if you do not file your summary of argument within 14 days of today, the condition will not have been fulfilled and the application will remain abandoned.

SZCXK:   Yes, sir.

HIS HONOUR:   All right.  Then in this matter I will order that subject to the condition I am about to mention, the application be reinstated.  The condition is that the applicant must file and serve the applicant’s summary of argument within 14 days of today’s date.  Costs of this application will be costs in the proceedings.  Thank you.

AT 2.25 PM THE MATTER WAS CONCLUDED