SZNVW v Minister for Immigration & Citizenship & Anor

[2010] HCATrans 263

[2010] HCATrans 263

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S137 of 2010

B e t w e e n -

SZNVW

Applicant

and

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for reinstatement

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 12 OCTOBER 2010, AT 10.14 AM

Copyright in the High Court of Australia

SZNVW appeared in person.

MR S.B. LLOYD, SC:   Your Honour, I appear with MR T. REILLY.  (instructed by DLA Phillips Fox Lawyers)

HIS HONOUR:   There is a submitting appearance for the Tribunal, is it?  Is there a translator for the plaintiff in matter No 2?

MR LLOYD:   I do not believe so, your Honour.  I am not sure if your Honour has received – I received yesterday a 103‑page fax which includes a 73‑page essay in English by the plaintiff, so I do not think he claims any need for an interpreter, although it looks like there is one here.

ABDUR RAUFF, interpreter.

HIS HONOUR:   Yes, Mr Lloyd.

MR LLOYD:   We have prepared written submissions in this matter which outline our reasons for opposing reinstatement, the thrust of which is that we say there has not been an adequate explanation for the delay – part of it was that there still were not written submissions.  I am not sure if the document which was sent yesterday constitutes the proposed written submissions, but if they do, then we say there is no reasonable prospect of success that it discloses an arguable point as well.  I perhaps should add, your Honour, that there still is no draft notice of appeal.

HIS HONOUR:   Yes.  I think this matter should proceed for final disposition on the papers.  At the moment there is no draft notice of appeal on the record.  That is right, is it not?  Are these written submissions of 8 October the submissions on which the applicant would rely on the special leave application?

SZNVW:   Yes, your Honour.

HIS HONOUR:   I make these orders:

1.Upon condition that the applicant file and serve a 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 the orders made today, 12 October, and the first respondent’s written submissions filed on 8 October 2010.

3.Costs of the summons filed 9 September be costs of the special leave application.

MR LLOYD:   May it please the Court.

HIS HONOUR:   Does your client understand that?

SZNVW (through interpreter):   I need a little bit of explanation, your Honour, of the orders.

HIS HONOUR:   I am not here to give you explanations.  I am here to tell you the orders.  Do you understand the orders?

SZNVW:   Yes, yes. 

HIS HONOUR:   Very well.  I will now adjourn.

AT 10.20 AM THE MATTER WAS ADJOURNED