Vedamanikkam, Ex parte - Re Minister for Immig

[2000] HCATrans 131

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M128 of 1999

In the matter of –

An application for Writs of Certiorari and/or Mandamus and/or Prohibition or an Injunction against the MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

J. VRACHNAS (Constituting the REFUGEE REVIEW TRIBUNAL)

Second Respondent

Ex parte –

LLOYD JOSEPH VEDAMANIKKAM

Prosecutor/Applicant

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 29 MARCH 2000, AT 10.20 AM

(Continued from 16/3/00)

Copyright in the High Court of Australia

MR A.F.L. KROHN:   May it please your Honour, I appear for the prosecutor.  (instructed by Ravi James & Associates)

MR R.R.S. TRACEY, QC:   If your Honour pleases, I appear on behalf of the respondent Minister.  (instructed by the Australian Government Solicitor)

HIS HONOUR:   This is the matter that was stood from last time with a view, Mr Tracey, to your reconsidering whether there was any mechanism whereby it could be turned into a test case in this Court on the 417 issue.  Where do we now stand?

MR TRACEY:   Yes, and the answer to that was as foreshadowed, your Honour, that, on reflection, we do not consider it to be an appropriate vehicle.  I have spoken to my learned friend and I am in a position to place before your Honour minutes of a proposed consent order that would, in substance, refer the matter, apart from 417, to the Federal Court, subject to the usual directions and retain the 417 part of the matter in this Court if and when need be.

HIS HONOUR:   Yes, and this order, I assume, largely follows the forms that we have adopted in certain other related matters?

MR TRACEY:   It is based very closely on some of them, your Honour, yes.

HIS HONOUR:   Yes.  And you are content with orders in these terms, are you, Mr Krohn?

MR KROHN:   I am, your Honour.

HIS HONOUR:   There will be orders in the terms of the minutes which I will initial and which will remain on the file.

MR TRACEY:   If your Honour pleases.

MR KROHN:   If your Honour pleases.

HIS HONOUR:   Thank you for your assistance.

AT 10.22AM THE MATTER WAS CONCLUDED