V872-00a, V854-00a v MIMA

[2003] HCATrans 585

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M114 of 2002

B e t w e e n -

V872/00A

Applicant

and

MINISTER OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Office of the Registry
  Melbourne  No M116 of 2002

B e t w e e n -

V854/00A

Applicant

and

MINISTER OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Applications for special leave to appeal

McHUGH J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 14 FEBRUARY 2003, AT 9.33 AM

Copyright in the High Court of Australia

_______________

MR J. BASTEN, QC:   If the Court pleases, I appear with MR J.A. GIBSON for the applicants in both those matters.  (instructed by Armstrong Ross)

MR A.L. CAVANOUGH, QC:   If the Court pleases, I appear with my learned friend, MR P.R.D. GRAY, on behalf of the respondent in both matters.  (instructed by Australian Government Solicitor)

McHUGH J:   Yes.  Mr Basten, we have looked at this matter and, subject to what counsel might say, we think it is a proper matter that we should refer into the Full Court.  That is, it is not a grant of special leave but we refer the application to the Full Court in Canberra and it can then be argued as if it was an appeal at the same time.  Do you have any problems with that?

MR BASTEN:   We would be content with that course, your Honour.

McHUGH J:   Yes.  Mr Cavanough?

MR CAVANOUGH:   I do not think there is anything I can say against it, your Honour.

McHUGH J:   Thank you.  In these two matters the panel refers them to a Full Court for further hearing.

AT 9.33 AM THE MATTERS WERE CONCLUDED