SZGPA v Minister for Immigration & Citizenship & Anor

[2007] HCATrans 614

[2007] HCATrans 614

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S311 of 2007

B e t w e e n -

SZGPA

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 THURSDAY, 11 OCTOBER 2007, AT 2.19 PM

Copyright in the High Court of Australia

SZGPA appeared in person.

MR J.D. SMITH:   If it please the Court, I appear for the first respondent.  (instructed by Clayton Utz)

HIS HONOUR:   Are you the applicant?

THE INTERPRETER:   This one is, I am an interpreter.

HIS HONOUR:   All right.  Well, you go ahead and tell me what the applicant would like to say.

SZGPA (through interpreter):   That I am a victim.  That I have been denied justice by the RRT.  That RRT has not given thoughts to the fact that I am being sought by the Maoists.  That the lower court has not been able to mete out justice on my behalf.

HIS HONOUR:   I think the question concerns an extension of time.

SZGPA (through interpreter):   Yes.

HIS HONOUR:   Thank you, take a seat.  Yes, Mr Smith.

MR SMITH:   Your Honour, the first respondent’s submission is that the matter ought not to be reinstated and there be no extension of time simply because the application has no merit.  There is no error in the decision of the Federal Court of Australia.  Primarily his Honour found that what was being done there was an attack on the merits of the Tribunal’s decision and that there was fairness accorded to the applicant.

HIS HONOUR:   Thank you.  Yes, stand up, please.  Would you tell the applicant that I am prepared to extend his time, but on a condition, and the extension will be conditional on him filing and serving his written case and draft notice of appeal within 14 days of today.

SZGPA (through interpreter):   Yes, I will do that.

HIS HONOUR:   If he does that his appeal will be reinstated.  If he does not do that his appeal will not be reinstated.

SZGPA (through interpreter):   Yes, I will do so.

HIS HONOUR:   All right.  On a 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 the costs of today be costs in the application for special leave.

SZGPA (through interpreter):   Yes, I am willing to do that.

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

SZGPA (through interpreter):   Yes.

HIS HONOUR:   Thank you.

AT 2.23 PM THE MATTER WAS CONCLUDED