Arefin & Ors v MIMA S185/2001 [2002] HCATrans 173 (19 April 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S185 of 2001

B e t w e e n -

ABU REZA MOHAMMED NURUL AREFIN

First Applicant

RAHELA AREFIN

Second Applicant

SALMINA AREFIN

Third Applicant

SABRINA BINTE AREFIN

Fourth Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Application for special leave to appeal

McHUGH J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 19 APRIL 2002, AT 3.35 PM

Copyright in the High Court of Australia

__________________

MR A.R.M.N. AREFIN appeared in person.

MS S. KAUR-BAINS: May it please the Court, I appear for the respondent. (instructed by Blake Dawson Waldron)

MR AREFIN: Your Honour, I have asked the Registry for an interpreter and - - -

McHUGH J: I understand that there was an interpreter here till about midday and the interpreter had to go. You are seeking an application - you are seeking an adjournment, is that right, Mr Arefin?

MR AREFIN: Sorry?

McHUGH J: You seek to have this case adjourned until you can get an interpreter?

MR AREFIN: Yes, your Honour.

McHUGH J: Yes. Well, would you sit down and I will find out what attitude the Minister takes.

MS KAUR-BAINS: Your Honour, I am instructed to oppose such an application on the basis that Mr Arefin has filed comprehensive written submissions and he appears to have a sufficient command of the English language to deal with factual matters. He informed my solicitor that he had difficulties in relation to technical matters. On those grounds the Minister opposes the application for an adjournment.

McHUGH J: I understand that, but this is a matter of very considerable importance to the applicant. After all, if his application fails, he will be sent from this country, probably never to return. It is a matter of great importance. Why should he not be given every opportunity to present his case so that there can be no lurking doubt that he has not been given justice?

MS KAUR-BAINS: Your Honour, the Registrar indicated to me that if the matter was to be adjourned, it may be possible to put it in the list next Tuesday. I do not know whether your Honour can indicate to me whether that is possible and, if so, I can obtain further instructions.

McHUGH J: I think there are only two matters. In the ordinary course we usually hear four matters.

THE DEPUTY REGISTRAR: Your Honour, there are only two matters, as I understand, in the list but we do not yet have information as to whether an interpreter would be available for Tuesday.

McHUGH J: Yes. Justice Callinan and I have just consulted about the matter. Our view is the matter ought to be adjourned until Tuesday. Hopefully, an interpreter will be available and, if not, that will have to be dealt with on that particular day.

MS KAUR-BAINS: May it please the Court.

McHUGH J: Mr Arefin, because your interpreter is no longer here today, we propose to adjourn this case till next Tuesday when the Court will again be sitting. An interpreter ought to be available then. If the interpreter is not available, whoever is hearing the matter on that day will have to decide what will happen. But you should come along to this Court on Tuesday next ready to have the case argued. Do you follow?

MR AREFIN: Yes, your Honour.

McHUGH J: Yes, very well.

MS KAUR-BAINS: Your Honour, before you dispose of the matter, this morning there was an interpreter here. I would hate to see the same situation repeated next Tuesday where we get put into the list, say, for example, No 3 - - -

McHUGH J: The Court never hears these applications in the morning; they are always heard in the afternoon, so it would be heard in the afternoon. But if there is no interpreter available, then whoever constitutes the Court on Tuesday will just have to make a decision whether to proceed with the matter or not. Given the fact that there was an interpreter here this morning and he has had to leave at midday and having regard to the importance of this case so far as the applicant is concerned, I think the demands of justice requires that it at least be put over until Tuesday.

MS KAUR-BAINS: May it please the Court.

McHUGH J: So Tuesday and you will be notified of the time.

MR AREFIN: Thank you, your Honour.

AT 3.41 PM THE MATTER WAS ADJOURNED

UNTIL TUESDAY, 23 APRIL 2002