Ibrahim, Ex parte - Re MIMA & Anor M13/1999 [2002] HCATrans 61 (26 February 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M13 of 1999

In the matter of -

An application for Writs of Certiorari and/or Mandamus and/or Prohibition, or an Injunction against THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

J. VRACHNAS, constituting the REFUGEE REVIEW TRIBUNAL

Second Respondent

Ex parte -

MOHAMED ANVER MOHAMED IBRAHIM

Applicant/Prosecutor

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 26 FEBRUARY 2002, AT 9.35 AM

Copyright in the High Court of Australia

MR C. GUNST, QC: If your Honour pleases, I appear on behalf of the first respondent, the Minister. (instructed by Australian Government Solicitor)

HIS HONOUR: Now, as I understand it, there is no appearance on behalf of Mr Ibrahim. What, from your end, is known about the state of the matter, Mr Gunst?

MR GUNST: Thank you, your Honour. The best information we have is that Ravi James & Associates, the solicitors on the record, have not had contact with their client for some time. We had perhaps rather anticipated, there being solicitors on the record, they would be here this morning as a matter of courtesy, but, nonetheless, they are not. The only further information we have is that there has been a contact with a solicitor from the firm of Hall & Wilcox, who may have been obtaining instructions and who may have come here this morning, but that is as far as we can advance the position.

HIS HONOUR: Yes. What do you say I should do about it?

MR GUNST: We would ask your Honour to make the order sought in the notice of motion filed 1 February 2002, namely that the application for orders absolute be dismissed with costs and that the motion is supported by an affidavit of Jacqueline Anne Davis sworn 1 February 2002, the affidavit and the notice of motion being served upon the solicitors on the record - - -

HIS HONOUR: Yes. You have had no contact with counsel, I take it?

MR GUNST: No, certainly not, your Honour.

HIS HONOUR: Yes. Well, there being no appearance on behalf of the applicant, Mohamed Anver Mohamed Ibrahim, there will be orders that his application is dismissed with costs.

MR GUNST: If your Honour pleases.

HIS HONOUR: Yes. Call the second matter.

MR KROHN: Your Honour, with my apologies, I wonder if might inquire whether the matter your Honour has just dealt with is M118, Ibrahim.

HIS HONOUR: Yes.

MR KROHN: I do not hold a brief in that matter, your Honour, but I was asked to convey to the Court that I understand - - -

HIS HONOUR: Well, just before Mr Gunst goes, I had - yes.

MR KROHN: I was asked to convey to the Court by telephone this morning that my instructor in the other matter, Ravi James, has not yet, but intends to, or is in the course of withdrawing. I have no other instructions, your Honour, save to indicate that to your Honour and that I understand that there are some negotiations between the parties. I apologise for not being in Court to inform you of that, your Honour.

HIS HONOUR: Yes, thank you for that. The order that was made in that matter was that there being no appearance by Mr Ibrahim, his application was dismissed with costs.

MR KROHN: I am indebted to your Honour.

HIS HONOUR: Yes. If we may then proceed with the matter of James.

MR KROHN: If your Honour please.

AT 9.39 AM THE MATTER WAS CONCLUDED