SZDTQ v Minister for Immigration and Citizenship & Anor

[2010] HCATrans 71

[2010] HCATrans 071

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney     No S303 of 2009

B e t w e e n -

SZDTQ

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 22 MARCH 2010, AT 9.35 AM

Copyright in the High Court of Australia

SZDTQ appeared in person.

MS S.A.H. SIRTES:   May it please the Court, I appear for the respondent Minister.  (instructed by DLA Phillips Fox Lawyers)

VIKTORIYA GOGINA, sworn as interpreter:

HIS HONOUR:   The gentleman on your right is the applicant.  Is that so?

THE INTERPRETER:   Yes.

HIS HONOUR:   Could you just ask him this?  Is it correct that he wishes to discontinue his application before the Court?

SZDTQ (through interpreter):   Yes, your Honour.

HIS HONOUR:   Ms Sirtes, are you content for the matter to be discontinued?

MS SIRTES:   Yes, subject to an order for costs.  The first we heard of it was just before your Honour ascended the Bench.

HIS HONOUR:   Usually when an applicant discontinues in these circumstances, they have to pay the costs of the respondent if they can.  Do you have anything to say about that?

SZDTQ (through interpreter):   I would like to explain, your Honour, first why I made a decision to discontinue, because for so many years I was hoping to get a visa.  I was going to many courts and I was winning some, I was losing some and my matter was returned to the Tribunal three times and it was going on and on.  But then the circumstances of my life changed.  I got married and the baby was born and I decided to apply for a different kind of visa.  That is why I made a decision to discontinue in this Court.  I am already paying my debt to the Commonwealth.  I am paying $200 every month and I will continue to pay till I finish.

HIS HONOUR:   Thank you.  Is there anything else he wishes to say?

SZDTQ (through interpreter):   No, your Honour.

HIS HONOUR:   You can sit down, thank you.

The applicant wishes to discontinue his application for special leave to appeal to this Court.  He has explained that he has taken that course because he has decided to apply for a different type of visa in view of changes in his personal circumstances.  He opposes any costs order on the ground that he is paying $200 a month towards a debt he owes the Commonwealth. 

Despite the submissions he has advanced, I see no alternative but to accede to the first respondent’s application for an order that he pay the costs of the proceedings.  Accordingly, these proceedings are discontinued and the applicant is to pay the first respondent’s costs.

AT 9.41 AM THE MATTER WAS CONCLUDED