WAFY v MIMA

[2004] HCATrans 112

[2004] HCATrans 112

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P93 of 2002

B e t w e e n -

WAFY

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

KIRBY J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

FROM PERTH BY VIDEO LINK TO CANBERRA

ON FRIDAY, 2 APRIL 2004, AT 1.21 PM

Copyright in the High Court of Australia

MS L.B. PRICE:   If the Court pleases, I appear for the respondent.  (instructed by Australian Government Solicitor)

KIRBY J:   In this matter, I understand there is going to be no oral argument on behalf of the applicant.

MS PRICE:   Yes, if it please, your Honour.  I understand an order has been made to deal with the matter under Order 69A rule 15.

KIRBY J:   Yes, it has indeed.  It will be dealt with without oral argument.  I will ask Justice Hayne to give the reasons for the Court disposing of the matter. 

MS PRICE:   Yes, thank you, your Honour. 

HAYNE J:   Insofar as the applicant in this matter seeks special leave to appeal to agitate grounds founded on an alleged contravention of the provisions of section 91X of the Migration Act 1958 (Cth), the premise for such contentions is not made out. There was no contravention of section 91X. Insofar as the applicant’s contentions depend upon facts and circumstances not in evidence before, or occurring after, the proceedings in the court below, they are not matters which can be agitated by appeal to this Court. The remaining contentions which the applicant would seek to make, alleging error in the courts below, would enjoy insufficient prospects of success to warrant a grant of special leave to appeal. Accordingly, special leave is refused with costs.

KIRBY J:   That completes the Court’s video link to Perth.  The Court will now adjourn in order to be reconstituted. 

AT 1.23 PM THE MATTER WAS CONCLUDED