X v Min for Immigration

[1999] HCATrans 485

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S101 of 1999

B e t w e e n -

X

Applicant

and

THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

For Mention

GLEESON CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 15 DECEMBER 1999, AT 9.38 AM

Copyright in the High Court of Australia

MR P.E. KING:   Your Honour, I am not instructed to appear for the applicant in this matter.  However, I am instructed to appear for the applicant in a related matter which is coming before Justice McHugh on Monday, which is a prerogative writ matter.  But I am here as a matter of courtesy only, your Honour.

MR T. REILLY:   I appear for the respondent, your Honour.  (instructed by the Australian Government Solicitor)

HIS HONOUR:   This is a matter that, according to the Rules, will be deemed to be abandoned on 4 January.

MR KING:   Yes.

HIS HONOUR:   Is there anything else that we should do except note that prospect, Mr Reilly.

MR REILLY:   Your Honour, we say that this whole special leave application is abusive.

HIS HONOUR:   It looks as though it might be put out of its capacity for the continuation of that on 4 January, if nothing happens in the meantime.

MR REILLY:   Your Honour, there is a significant problem developing where special leave applications are simply used to extend the time.

HIS HONOUR:   That is the purpose of our all being gathered here today, Mr Reilly.  I am perfectly conscious of that.

MR KING:   Your Honour, my only suggestion would be that the matter be stood over for mention only before Justice McHugh on Monday.  That is simply because he is dealing with the other matter to which I have referred. 

HIS HONOUR:   Why should I do anything that would impede the progress of this matter towards abandonment?

MR KING:   I do not think that would impede the progress towards abandonment, your Honour.  That would simply give his Honour an opportunity to consider, in the light of whatever his Honour does in the other matter on Monday.

HIS HONOUR:   Having regard to the prospect of deemed abandonment, I intend to do exactly what the applicant has done so far, nothing.

AT 9.40 AM THE MATTER WAS CONCLUDED