SZNRW v Minister for Immigration and Citizenship

[2010] HCATrans 264

[2010] HCATrans 264

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S160 of 2010

B e t w e e n -

SZNRW

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, 12 OCTOBER 2010, AT 9.49 AM

Copyright in the High Court of Australia

MR J.A.C. POTTS:   May it please the Court, I appear for the first respondent.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, Mr Potts.

MR POTTS:   Your Honour, I am not aware that the applicant has appeared this morning.  Perhaps the matter could be called.

HIS HONOUR:   Yes, can you call application No 3 outside the Court.

MR POTTS:   Just whilst that is being done, your Honour, I can indicate the second respondent filed a submitting appearance on 16 July 2010.

HIS HONOUR:   That is the Tribunal?

MR POTTS:   Yes, your Honour.

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Thank you, Mr Registrar.  The applicant is moving on a summons filed on 26 August.  I have your written submissions.

MR POTTS:   Thank you, your Honour.

HIS HONOUR:   Can we just look at paragraph 3 for a minute?

MR POTTS:   Yes, your Honour.

HIS HONOUR:   Having regard to all the circumstances, I think that is probably the best way to proceed.  So it would go forward on the papers.  The only amendment I propose would be to order 2:

direct that the special leave application proceed for disposition on the papers without a listing for hearing –

you say, and that “those papers include the orders made 12 October 2010” – that will be today – “and the first respondent’s written submissions filed 8 October 2010”.

MR POTTS:   Thank you, your Honour.  I do not wish to say anything against that.

HIS HONOUR:   So the panel that would deal with it on the papers would have the advantage of your written submissions.

MR POTTS:   Thank you, your Honour.

HIS HONOUR:   I make orders as follows:

1.Upon condition that the applicant file and serve a summary of argument and draft notice of appeal within 28 days, then pursuant to rule 44.10.4, order that the special leave application be reinstated.

2.If the application is reinstated, direct that the special leave application proceed for disposition on the papers without a listing for hearing and that those papers include these orders made 12 October 2010 and the first respondent’s written submissions filed on 8 October 2010.

3.Costs of the summons filed 26 August 2010 be costs of the special leave application.

MR POTTS:   As the Court pleases.

AT 9.53 AM THE MATTER WAS ADJOURNED