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High Court of Australia Transcripts |
Last Updated: 30 May 2011
IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Sydney No S10 of 2011
B e t w e e n -
PLAINTIFF S10/2011
Plaintiff
and
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Defendant
SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP
Second Defendant
Office of the Registry
Sydney No S43 of 2011
B e t w e e n -
JASVIR KAUR
Plaintiff
and
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Defendant
SECRETARY FOR THE DEPARTMENT OF IMMIGRATION AND CITIZENSHIP
Second Defendant
Office of the Registry
Sydney No S47 of 2011
B e t w e e n -
PLAINTIFFS S47/2011
Plaintiffs
and
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Defendant
SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP
Second Defendant
Office of the Registry
Sydney No S49 of 2011
B e t w e e n -
PLAINTIFF S49/2011
Plaintiff
and
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Defendant
SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP
Second Defendant
Office of the Registry
Sydney No S51 of 2011
B e t w e e n -
PLAINTIFF S51/2011
Plaintiff
and
MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Defendant
SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP
Second Defendant
Applications for order to show cause
GUMMOW ACJ
TRANSCRIPT OF PROCEEDINGS
AT SYDNEY ON FRIDAY, 27 MAY 2011, AT 9.35 AM
Copyright in the High Court of Australia
MR S.E.J. PRINCE: May it please the Court, I appear with MR Q.T. NGUYEN for the plaintiffs. (instructed by Parish Patience Immigration, Lawyers)
MS A.M. MITCHELMORE: If the Court pleases, I appear for the defendants. (instructed by Australian Government Solicitor)
HIS HONOUR: Now, what is the situation? You have been deluged with paper.
MR PRINCE: In an electronic form, your Honour, yes, we have been deluged with data. We have six CD-Roms which have about 3,800 pages worth of material on them, not including the policies and procedures.
HIS HONOUR: Over what period?
MR PRINCE: We got them from last Friday - - -
HIS HONOUR: I mean, the documents, what do they cover?
MR PRINCE: They cover the whole file in respect of each individual that is held by the Department of Immigration.
HIS HONOUR: What is the earliest file?
MR PRINCE: I do not know. I have not been able to go through all the material, your Honour.
HIS HONOUR: Ms Mitchelmore will know.
MS MITCHELMORE: Apparently 1998 is the earliest file, your Honour.
MR PRINCE: We obviously need some time to go through all that material.
HIS HONOUR: What are you looking for?
MR PRINCE: We are looking to see, I suppose, primarily what went up to the Minister and what the Department had which went up to the Minister, what it had that did not go up to the Minister, for example. For example, the case of Kaur, there is a decision by his Honour Justice Jacobson where he comments on how this may be a case for ministerial intervention and sets out - - -
HIS HONOUR: That looks like one of the early ones. Yes.
MR PRINCE: So we do not know until we go through the material what it is that ultimately will or will not be important, so we really do need to read it all.
HIS HONOUR: Yes, you do. Your junior is going to be busy, I guess.
MR PRINCE: I have set some time aside in the next couple of weeks. I am conscious of the time.
HIS HONOUR: It is best to be realistic, though. What date do you suggest for it to come back?
MR PRINCE: We had suggested the 10th, your Honour, but that is a special leave day, so that, I take it, is not convenient to the Court.
HIS HONOUR: That was 10 June?
MR PRINCE: 10 June.
HIS HONOUR: I think it needs to be later than that.
MR PRINCE: All right, your Honour.
HIS HONOUR: It is no good setting false targets.
MR PRINCE: Perhaps the second week of July then, your Honour. Is 8 July 2001 convenient to your Honour?
HIS HONOUR: Yes. Is that convenient to you, Ms Mitchelmore?
MS MITCHELMORE: Yes, your Honour. I am not available, but I understand Mr Kennett is available and if not, my solicitors, thank you. I should indicate, your Honour, just in relation to the file matters, I indicated that 1998 was the earliest file. It is, in fact, 1988.
HIS HONOUR: My goodness.
MS MITCHELMORE: Yes. In relation to one of the matters, it goes back to 1988.
HIS HONOUR: How does that continue to have any life?
MS MITCHELMORE: I am not sure that it does, your Honour, but we wanted to provide the plaintiffs with the file material that they have requested.
HIS HONOUR: Now, your goal is to select these five cases as test cases, in effect.
MR PRINCE: Yes, your Honour, and if they can be reduced, we will try to reduce them and it may be that upon review of the files, some of them may not be able to be run and some might get better. We just will not know until we read the material.
HIS HONOUR: Ultimately to produce application for an order to show cause, I suppose.
MR PRINCE: Yes.
HIS HONOUR: To be referred into the Full Court to be heard finally at first instance, as it were?
MR PRINCE: Yes, your Honour, that is right. With as few documents as possible in an agreed bundle.
HIS HONOUR: Yes. All right then. I will stand over each of these five matters before me in Sydney on Friday, 8 July 2011 at 9.30 am. Costs of today will be costs in the proceedings. Is there anything else?
MS MITCHELMORE: Your Honour, I just wonder whether or not – at the moment there is not any date by which the plaintiffs are to provide us with amended orders to show cause. Your Honour has already given leave for those to be filed. If it is possible to provide a date, perhaps a week before, so that the Minister has an opportunity to review those and to take a view as to whether or not all five should continue to be referred or not.
HIS HONOUR: That seems sensible, does it not, Mr Prince?
MR PRINCE: Yes, it does, your Honour.
HIS HONOUR: Yes. Friday the 1st?
MR PRINCE: We will have to do that anyway as we are going through the material, yes.
HIS HONOUR: Yes. I will add then a direction that on or before Friday, 1 July 2011, the plaintiffs will supply proposed amended orders to show cause in the matters that are to proceed.
MR PRINCE: Thank you, your Honour.
HIS HONOUR: Costs of today will be costs in the proceedings. Is there anything else? All right. I will now adjourn.
AT 9.42 AM THE MATTER WAS ADJOURNED
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URL: http://www.austlii.edu.au/au/cases/cth/HCATrans/2011/139.html