SZLQI v Minister for Immigration and Citizenship & Anor [2011] HCATrans 40

[2011] HCATrans 40

[2011] HCATrans 040

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S261 of 2010

B e t w e e n -

SZLQI

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for reinstatement

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 22 FEBRUARY 2011, AT 9.39 AM

Copyright in the High Court of Australia

SZLQI appeared in person.

MR D.L. GODWIN:   If it please the Court, I appear for the first respondent.  (instructed by DLA Phillips Fox Lawyers)

HIS HONOUR:   There is a submitting appearance for the second respondent.  Is there any appearance for the applicant?

MR GODWIN:   It appears he is here, your Honour, yes.

HIS HONOUR:   Is there a translator?

MR GODWIN:   Yes, apparently, your Honour.

HIS HONOUR:   Do you need the translator to be sworn?

MR GODWIN:   I do not think so, your Honour.

HIS HONOUR:   Can we have your full name, Madam Translator?

THE INTERPRETER:   Jeong Ok Derbenis.

HIS HONOUR:   Thank you.  I have read your submissions, Mr Godwin, the affidavit materials and the summons filed on 21 December 2010.  This is what I propose to do, order that:

1.The special leave application be reinstated on the following terms:

(a)The applicant, within 28 days, file his draft notice of appeal and written case.

(b)The special leave application then proceed for determination by two Justices on the papers pursuant to rule 41.10 of the High Court Rules.

(c)The papers for the panel include the first respondent’s written submissions filed on 17 February 2011 on the reinstatement application.

(d)Costs of the reinstatement summons be costs of the special leave application.

Do you have a note of that, Madam Translator?  Can you read it to your client.

THE INTERPRETER:   I just missed the last point (d) about the costs.

HIS HONOUR:   Yes.  The costs of the summons today will be the costs of the special leave application.  So the actual outcome at the end of the day will pick up what is happening today.  Do you understand that?

THE INTERPRETER:   Yes.

HIS HONOUR:   Now, can you explain to your client that it is very important that he observe this 28-day requirement because if it is not observed, he will lose his application.

MR GODWIN:   Thank you, your Honour.

HIS HONOUR:   Yes, thank you.  Do you have a note of those orders?

MR GODWIN:   I have, your Honour.

HIS HONOUR:   Yes, thank you, Madam Translator.

THE INTERPRETER:   Can I get this order by post?

HIS HONOUR:   Yes.  If you have a word to the Registrar afterwards, she will make arrangements to send you a copy by post.

AT 9.47 AM THE MATTER WAS ADJOURNED