VAQ v MIMA

[2004] HCATrans 560

[2004] HCATrans 560

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M29 of 2002

B e t w e e n -

VAQ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 10 DECEMBER 2004, AT 11.08 AM

Copyright in the High Court of Australia

MR W.G. GILBERT:   If the Court pleases, I appear on behalf of the respondent.  (instructed by Blake Dawson Waldron)

GUMMOW J:   Yes, Mr Gilbert.  Do you know if there is any attendance by the applicant?

MR GILBERT:   I am not sure, your Honour.  I appeared in the proceedings below, but it is some years ago.  My instructor couriered some authorities to an address that she had, yesterday, but we have not heard anything further from the applicant.

GUMMOW J:   Yes, very well.  Call the matter outside the Court, officer.

COURT OFFICER:   No response, your Honour.

GUMMOW J:   Thank you, officer.  Yes, Mr Gilbert.

MR GILBERT:   Your Honour, in those circumstances I would seek that the application be dismissed, with costs.

GUMMOW J:   Yes.  It turns upon a question of construction as to extension of time, does it not?

MR GILBERT:   Yes it does, your Honour, and it was really a question of fact that was determined against the applicant by not only the Tribunal but Justice North as to when and in what circumstances an application had been received by the Tribunal.  There are now four Full Federal Court authorities which are unanimous since 1997, which all indicate that there is no power to extend.

GUMMOW J:   On a reading of the papers by my colleague and myself, there are insufficient prospects of success for a grant.  We dismiss the application for special leave with costs.

AT 11.10 AM THE MATTER WAS CONCLUDED