WAGJ v MIMIA

[2003] HCATrans 434

[2003] HCATrans 434

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P92 of 2002

B e t w e e n -

WAGJ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON FRIDAY, 24 OCTOBER 2003, AT 10.59 AM

Copyright in the High Court of Australia

MS L.B. PRICE:   Your Honours, I appear for the respondent on this matter.  (instructed by Australian Government Solicitor)

GUMMOW J:   Yes, Ms Price.  Yes, we have written submissions, but we note there is to be no oral argument.

MS PRICE:   That is right, on behalf of the applicant.

GUMMOW J:   Would you just pardon us a minute.

MS PRICE:   Yes, your Honour. 

GUMMOW J:   We do not need to call on you any further, Ms Price.

The facts and circumstances of this case are such that we are not satisfied that the questions of statutory construction would necessarily arise on an appeal if there were to be a grant of leave and we are not satisfied that there would be sufficient prospects of success upon an appeal.  Accordingly, special leave is refused.

I think you apply for costs?

MS PRICE:   I do apply for costs, your Honour.

GUMMOW J:   Refused with costs.

AT 11.01 AM THE MATTER WAS CONCLUDED