Applicant P11/2002 v MIMA P11/2002 [2002] HCATrans 513 (24 October 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Perth No P11 of 2002

B e t w e e n -

APPLICANT P11/2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Application for special leave to appeal

McHUGH J

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON THURSDAY, 24 OCTOBER 2002, AT 2.45 PM

Copyright in the High Court of Australia

MR M.R.B. HEMERY: If the Court pleases, I appear for the applicant. (instructed by the applicant)

MR M.T. RITTER: I appear for the respondent. (instructed by the Australian Government Solicitor)

McHUGH J: This application is out of time, among other things, is it not?

MR HEMERY: There was one where there was an application for leave to make the application. I am not sure whether it was this one. On page 42 of the application book there is an order sought, paragraph 2, that compliance with the subrule be dismissed with.

McHUGH J: Anyway, you go ahead. You have filed further submissions here. Mr Ritter, again, you have read them, I take it?

MR RITTER: Yes, again, they have been served and read and we do not object to reliance on those submissions.

McHUGH J: Yes. Thank you, Mr Hemery. Would you go ahead please.

MR HEMERY: Your Honours, with respect to this application, the argument is developed reasonably fully in writing. There is only one point there that is raised and that is the same point in relation to credibility and how it should be treated as in the previous application and, on the basis that this is understood, I will not make any further submissions.

McHUGH J: Yes, thank you. We need not hear you, Mr Ritter.

The Court is of the view that there is no reason to doubt the correctness of the decision below and the matter has not sufficient prospects of success to warrant the grant of special leave to appeal. Accordingly, the application is dismissed and must be dismissed with costs.

AT 2.47 PM THE MATTER WAS CONCLUDED

UPON RESUMING AT 3.05 PM:

McHUGH J: In this matter I would make a further order that the extension of time be granted but the application be dismissed for the reasons given.

AT 3.06 PM THE MATTER WAS CONCLUDED