SZHKK v MIAC & Anor

[2007] HCATrans 709

[2007] HCATrans 709

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S471 of 2007

B e t w e e n -

SZHKK

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 3.33 PM

Copyright in the High Court of Australia

SZHKK appeared in person.

MS A.M. NANSON:   If the Court pleases, I appear for the first respondent.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Are you the applicant in this matter?

SZHKK (through interpreter):   Yes.

HIS HONOUR:   I have read the affidavit of the applicant dated 25 October 2007 and I have read the outline of submissions of the first respondent.  Is there anything you want to add to those, Ms Nanson?

MS NANSON:   No, your Honour.  Thank you.

HIS HONOUR:   Subject to anything you wanted to say, I am inclined to make an order in this case the same as the order I made in the case that just was dealt with.

MS NANSON:   Yes, your Honour.

HIS HONOUR:   Would you explain to your client what I am going to do is order that the application for special leave be reinstated but only on condition that you file and serve your written case and draft notice of appeal within 14 days.  If you do not do that your application will not be reinstated.

Upon the 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. 

The costs of today shall be costs in the application for special leave and 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.

MS NANSON:   May it please the Court.

AT 3.35 PM THE MATTER WAS CONCLUDED