SZNPU v Minister for Immigration and Citizenship and Anor

[2010] HCATrans 176

[2010] HCATrans 176

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S56 of 2010

B e t w e e n -

SZNPU

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, 29 JUNE 2010, AT 10.13 AM

Copyright in the High Court of Australia

SZNPU appeared in person.

MR J.A.C. POTTS:   May it please, your Honour, I appear for the first respondent in that matter.  (instructed by Clayton Utz)

HIS HONOUR:   Yes.

MR POTTS:   May I indicate the second respondent filed a submitting appearance on 29 March 2010.

HIS HONOUR:   Yes, thank you.

ABDUR RAUF, affirmed as interpreter

HIS HONOUR:   Yes, Mr Potts.

MR POTTS:   May it please, your Honour, Justice Buchanan in the Federal Court dismissed an appeal on 24 February 2010.  The applicant made an application for special leave on 23 March 2010.  That was deemed abandoned and notification was given accordingly.  Your Honour will have a summons filed on 3 May 2010 and an affidavit of the applicant in support filed and sworn on the same date.  Again, I do not seek to oppose the reading of that affidavit nor to cross‑examine the deponent.  Your Honour will have seen, I hope, from a written outline filed that the only issue again taken in this matter is whether there is utility in reinstatement.

HIS HONOUR:   Yes, I think that, again, it would be best if this were to proceed for disposition on the papers.

MR POTTS:   Again, your Honour, I do not wish to say anything further.  If it please, your Honour.

HIS HONOUR:   It is rule 41.10.4, is it not?

MR POTTS:   Yes, your Honour.

HIS HONOUR:   What I will do is as follows:

1.Order pursuant to rule 41.10.4 that the special leave application be deemed not to be abandoned and be reinstated.

Can you explain that to your client?  Does your client understand that?

SZNPU (through interpreter):   Yes, your Honour.

HIS HONOUR:  

2.Direct that the special leave application proceed for disposition on the papers and without a listing for hearing.

3.Costs of the summons filed on 3 May 2010 be costs of the special leave application.

Thank you.

MR POTTS:   As the Court pleases.

HIS HONOUR:   Thank you, Mr Translator.  I will now adjourn.

AT 10.19 AM THE MATTER WAS ADJOURNED