Applicant NAKP of 2002 v MIMIA [2004] HCATrans 73 (12 March 2004)

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Applicant NAKP of 2002 v MIMIA [2004] HCATrans 73 (12 March 2004)

Last Updated: 19 March 2004

[2004] HCATrans 073

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S136 of 2003

B e t w e e n -

APPLICANT NAKP OF 2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 12 MARCH 2004, AT 2.17 PM

Copyright in the High Court of Australia

APPLICANT NAKP OF 2002 appeared in person.

MR T. REILLY: May it please the Court, I appear for the respondent. (instructed by Sparke Helmore)

RAKESH SANI, affirmed as interpreter:

GUMMOW J: Thank you, Mr Interpreter. Would you step down and go and stand next to the applicant and we will proceed. Now, is there anything the applicant wishes to add to the written submissions? If he wishes to do so, now is his opportunity.

APPLICANT NAKP OF 2002 (through interpreter): I lodged an application at the RRT, but that decision made by the RRT was not correct. That is why I lodged an appeal to the Federal Court, and the decision of the Federal Court was also wrong. I have not got any legal representative because I cannot afford a lawyer at this stage, and one of my friends has helped me to write those submissions. It is very difficult for me to return back home.

GUMMOW J: Is there anything else?

APPLICANT NAKP OF 2002 (through interpreter): That is all what I would like to say.

GUMMOW J: We do not need to call on you, Mr Reilly.

Notwithstanding the mistake referred to on page 44 of the application book, respecting the religious affiliation of the applicant, we are not satisfied that there are sufficient prospects of success of any appeal to this Court from the decision of Justice Tamberlin in the Federal Court to warrant a grant of special leave. Accordingly, special leave is refused with costs. The Court will now adjourn.

AT 2.22 PM THE MATTER WAS CONCLUDED