Sivaneeswaran, Ex parte; Re Ruddock & ORS M71/1998 [1999] HCATrans 157 (26 May 1999)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M71 of 1998

In the matter of -

An application for Writs of Prohibition, Certiorari and Mandamus and an Injunction and a Declaration against THE HONOURABLE PHILIP RUDDOCK, HER MAJESTY'S MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA

First Respondent

MR JOHN VRACHNAS sitting as THE REFUGEE REVIEW TRIBUNAL

Second Respondent

DR PETER NYGH in his capacity as principal member of THE REFUGEE REVIEW TRIBUNAL

Third Respondent

Ex parte -

MR SELLADURAI SIVANEESWARAN

Prosecutor

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 26 MAY 1999 AT 9.33 AM

Copyright in the High Court of Australia

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MR A.L.F. KROHN: If the Court pleases, I appear for the prosecutor. (instructed by K. Satkunanathan)

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

HIS HONOUR: Yes, Mr Krohn.

MR KROHN: Your Honour, the Court may be, perhaps, assisted if I say that after having had discussions with my learned friend, the prosecutor applies to have this matter remitted to the Federal Court pursuant to the Judiciary Act, and that application, as I understand it, is not opposed.

HIS HONOUR: What would be remitted would be the application for order nisi rather than my make an order nisi and remit the hearing of it. Is that what is intended?

MR KROHN: That is so, your Honour. I understand also that the prosecutor has no position on this in particular, but my learned friend desires that the application for abridgment of time would be remitted, so, I suppose, that is as your Honour has just said.

HIS HONOUR: Yes. Mr Tracey, if I remit the application for order nisi reserving costs, is there anything you would say?

MR TRACEY: No, we would not oppose that course, your Honour, and we note, as our friend has already done, that the Minister reserves his position to argue in the Federal Court if so advised that the application is brought out of time and ought to go no further, but that is a matter for the Federal Court.

HIS HONOUR: What consequences, if any, may follow from that, yes.

MR TRACEY: Indeed.

HIS HONOUR: Then, if I make an order for remitter in common form, reserving the costs and certifying for the attendance of counsel, is there any other form of order that you, for your part, say I should make, Mr Tracey?

MR TRACEY: No, thank you, your Honour.

HIS HONOUR: Yes. Mr Krohn, is there any other form of order that you, for your part, say I should make?

MR KROHN: No, your Honour.

HIS HONOUR: Yes, well, there will be orders in those terms, thank you. I will adjourn.

AT 9.35 AM THE MATTER WAS CONCLUDED