Applicant M1037/2003 v MIMIA & Anor [2005] HCATrans 772 (22 September 2005)

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Applicant M1037/2003 v MIMIA & Anor [2005] HCATrans 772 (22 September 2005)

Last Updated: 28 September 2005

[2005] HCATrans 772

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M82 of 2005

B e t w e e n -

APPLICANT M1037/2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Summons

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 22 SEPTEMBER 2005, AT 11.14 AM

Copyright in the High Court of Australia

APPLICANT M1037/2003 appeared in person.

HIS HONOUR: You are appearing on your own behalf this morning, I believe.

APPLICANT M1037/2003: Yes, your Honour.

HIS HONOUR: There is to be no appearance today on behalf of the Minister. The Registrar informs me that she holds a letter from the Australian Government Solicitor stating that the Minister has no objection to the granting of an extension of time for the period sought and will not seek to appear on the return date of the summons. By what time can you have the necessary draft notice of appeal and written case filed in Court?

APPLICANT M1037/2003: Your Honour, it is almost ready, but listening to you instructing on those other cases, your Honour, I have to change a lot of things in my – because what I have written is a bit basic.

HIS HONOUR: Yes. You may have until 4.00 pm Wednesday next week. You have already had a very long time.

APPLICANT M1037/2003: Yes, your Honour. Yes, thank you, your Honour.

HIS HONOUR: The order I would propose to make is as follows – and you may wish to take a note of it – if on or before 4.00 pm, 29 September 2005 the applicant files his draft notice of appeal and written case in support of his application for special leave, the application for special leave is not to be deemed abandoned.

APPLICANT M1037/2003: Thank you, your Honour.

HIS HONOUR: Now, the consequence is if you fail to make that time your application is deemed abandoned. This you should treat as being the last chance.

APPLICANT M1037/2003: Yes, thank you, your Honour.

HIS HONOUR: Yes. Now, the costs of the application I should say are to be borne in any event by the applicant, so that whatever happens in the application the costs of your coming today are to be borne by you.

APPLICANT M1037/2003: Thank you.

HIS HONOUR: Very well, there will be those orders.

AT 11.18 AM THE MATTER WAS CONCLUDED