Ahmed v Minister for Immigration and Citizenship [2010] HCATrans 315 (25 November 2010)

Last Updated: 1 December 2010

[2010] HCATrans 315

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S111 of 2010

B e t w e e n -

KHANDAKAR SAKIB AHMED

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Defendant

Directions hearing

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 25 NOVEMBER 2010 AT 9.47 AM

Copyright in the High Court of Australia

MR L.J. KARP: May it please your Honour, I appear with MR P.D. REYNOLDS for the plaintiff. (instructed by Parish Patience Immigration, Lawyers)

MR S.B. LLOYD, SC: I appear in this matter for the defendant, your Honour. (instructed by Sparke Helmore Lawyers)

HIS HONOUR: Yes, Mr Karp.

MR KARP: Your Honour, there appear to be two grounds of substantial agreement, or two areas of substantial agreement between the parties. The first is that the construction of section 486A(2) of the Migration Act gives this Court a very wide discretion and, secondly - - -

HIS HONOUR: And exclusive jurisdiction.

MR KARP: I have not reached a concluded view of that, but my friend - - -

HIS HONOUR: Mr Lloyd seems to be right, I think, for the moment anyway.

MR KARP: I am content with that, your Honour. I also agree that the matter can be set down before a single Justice of this Court for determination of the question of the extension.

HIS HONOUR: The question is when that is to be done. ..... is an invidious situation where the Parliament interrupts the work of the Court in this way. Friday, 28 January.

MR KARP: Thank you, your Honour.

HIS HONOUR: The actual process at the moment is – it is essentially the summons filed 16 September, is it not, that I am setting down?

MR KARP: Yes, your Honour.

HIS HONOUR: In particular, paragraph 8 – I will just check that.

MR LLOYD: Your Honour, is it paragraph 8 or paragraph 4?

HIS HONOUR: Paragraph 4.

MR LLOYD: Paragraph 4 is the 486. I was not sure if your Honour planned to – if your Honour plans to deal with the whole of the matter then there will be examination and cross-examination.

HIS HONOUR: No. All I have to decide is 486A.

MR LLOYD: Well, I think – is that paragraph 4 - - -

HIS HONOUR: If I decide 486A in a particular way, it can then go to the Federal Magistrates Court, may it not?

MR LLOYD: That is so. I think order 4 is the 486A.

HIS HONOUR: Yes, you are quite right. That is right, Mr Karp.

MR KARP: Yes, I agree, your Honour. Yes.

HIS HONOUR: On the summons filed 16 September 2010, I will set down the hearing of the relief sought in paragraph 4 before me at 9.30 am on 28 January 2011 in Sydney.

MR KARP: If it please the Court.

HIS HONOUR: The evidence is all ready, is it not?

MR KARP: As indicated in my written submissions, your Honour, I did intend to have – or simply to serve subpoenas, but for the purpose of the extension application, that will not be necessary.

HIS HONOUR: You would not need them for the extension application, I would have thought.

MR KARP: No.

HIS HONOUR: That is right. Cost of today will be costs in that summons.

MR KARP: Thank you, your Honour.

MR LLOYD: Thank you, your Honour.

AT 9.53 AM THE MATTER WAS ADJOURNED