Plaintiff M36/2006 v MIMA & Anor [2006] HCATrans 450 (24 August 2006)

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Plaintiff M36/2006 v MIMA & Anor [2006] HCATrans 450 (24 August 2006)

Last Updated: 14 September 2006

[2006] HCATrans 450

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M36 of 2006

B e t w e e n -

PLAINTIFF M36/2006

Plaintiff

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Summons for directions

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 24 AUGUST 2006, AT 10.31 AM

Copyright in the High Court of Australia

MR C.J. HORAN: Your Honour, I appear for the first defendant. (instructed by Australian Government Solicitor)

HIS HONOUR: Yes, Mr Horan.

MR HORAN: Perhaps if the plaintiff be called, although I can foreshadow that it is unlikely that the plaintiff will respond, as in M34/2006, I am instructed that the plaintiff departed Australia on 27 July 2006 and I seek leave to hand up an affidavit of Maria Ngo sworn 24 August 2006.

HIS HONOUR: Yes. You may have leave to file that in Court. The plaintiff will be called. Assuming, as I do, that there will be no appearance - it will come as a shock to the Minister if there is, will it not, Mr Horan?

MR HORAN: Yes. He might have to have a DNA check.

COURT OFFICER: No appearance, your Honour.

HIS HONOUR: Thank you.

The proceeding will be dismissed. The plaintiff will pay the Minister’s costs.

AT 10.32 AM THE MATTER WAS CONCLUDED