Applicant M125/2001 v MIMA M125/2001 [2002] HCATrans 631 (13 December 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M125 of 2001

APPLICANT M125/2001

Applicant

and

MINITER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Application for special leave to appeal

McHUGH J

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 13 DECEMBER 2002, AT 3.25 PM

Copyright in the High Court of Australia

APPLICANT M125/2001 appeared in person.

MR W.G. GILBERT: If the Court pleases, I appear for the respondent. (instructed by Blake Dawson Waldron)

McHUGH J: Do you speak English?

APPLICANT M125/2001: I speak English.

McHUGH J: Yes. Well, would you go ahead and put your argument. We have read the papers you have filed.

APPLICANT M125/2001: Your Honour, I think I do not believe the Full Bench of the Federal Court. The decision was selfish and did not form the facts. So if you can kindly consider my arguments which I have provided for you.

McHUGH J: Well, we have considered your argument, but is there anything further that you want to say in addition to your written argument?

APPLICANT M125/2001: That is all, your Honour.

McHUGH J: Yes. Well, if there is nothing further, you just might take a seat. Yes, we need not hear you, Mr Gilbert.

The Court has considered the written arguments of the applicant in respect of this matter and, unfortunately for the applicant, the Court is of the view that there is no reason to doubt the correctness of the decision of the court below. Accordingly, special leave is refused.

MR GILBERT: Your Honour, might I just raise the question of costs? It is a matter that the applicant, I see in his application, indicates that he is impecunious effectively, but I am instructed to seek costs in the circumstances.

McHUGH J: Yes. Well, they ask for an order for costs against you, Mr Applicant. I am afraid that is the usual order. Whether they will be able to enforce it against you is another matter.

APPLICANT M125/2001: But I will not be able to pay it.

McHUGH J: I understand. Yes, the application is dismissed with costs.

AT 3.28 PM THE MATTER WAS CONCLUDED