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Kangaroo Courts of Australia go on trial as the Refugee seeks that
the
High Court Australia not incite racial hatred, and defending True
Blue
Aussie values
Dear Victorian Premier,
Attorneys General,
Friends,
1. In M21 of 2012, the Refugee is attempting to uphold True Blue
Aussie values.
2. How will the High Court Australia respond? Will they vindicate the
Kirby J dissent in
Reggie Wurridjal, Joy Garlbin And Bawinanga Aboriginal Corporation V
The Commonwealth Of Australia And Arnhem Land Aboriginal Land Trust?
3. The Refugee deserves to be heard and be seen to contribute to
Australian values,
and Way of Life in the Australian Court of Law.
4. There are so many hurdles for the Refugee to jump over but we
finally managed to get the documents filed today.
5. Will our audience pardon our Engrish, but surely the rule of law
does not depend on the language.
6. We shall see, what we shall see
Respectfully,
The Refugee
=====================
IN THE HIGH COURT OF AUSTRALIA
MELBOURNE
REGISTRY
No. M21 of 2012
BETWEEN:
Le Tuan Pham
Applicant
and
Minh Nguyen
Respondent
APPLICANT’S SUMMARY OF ARGUMENT
Part I:
[A concise statement, in the case of an application for special leave
to appeal, of the special leave questions, said to arise.]
I. There are genuine questions of public
importance arising from this application:
The Refugee is vilified in public, and in this case by public
authorities; the Applicant is a refugee;
Where Racial Hatred has been legislated against directly, as in
Victorian Charter of Human Rights and Responsibilities Act 2006,
inter
alia;
The Refugee deserves to be allowed to stand up and make a case for
himself;
And not be vilified on his Engrish or bad English, even though
natural
justice does not rely on any specific language;
II. There seems to be a difference of opinion
between the courts;
III. The interests of justice require
that the Refugee be heard,
And be given proper and clear reasons for his questions;
Where there is clear and direct legislation for protection of basic
human rights;
Where there is clear and direct legislation for the protection of
natural justice in lieu of human rights.
Part II:
[A brief statement of the factual background to the application.]
On 1 March 2011, the Applicant signed a residential lease under the
Residential Tenancies Act 1997 (VIC) with a landlady at unit 2/23
Virginia St, Springvale 3171;
The question then arises whether the “shared room” the garage, was
habitable.
At VCAT on 30th August 2011, there was a consent order made by Member
J Kefford for compensation for the Landlady’s Breaches of Duty, and
the validity of Notice(s) to Vacate.
The Order states that the Applicant must move out by 30th September,
without further cost as to rent, and that the Landlady may apply for
possession AFTER the 30th September.
In addition, the Member struck out one Notice to Vacate and withdrew
another for being incompetent.
Two (2) days later, the respondent breached and showed contempt for
the VCAT order and violated the timetable for vacating the premises,
by filing for possession which was subsequent heard on the 26th
September.
Due to the breaches and violation of that consent order by the
respondent, the Applicant sought to have his moving costs,
inconvenience and other associated costs compensated,
The Applicant then re-issued a Breach of Duty Notice on the
Respondent, and indicated that he would now withdraw his intention to
vacate;
The Applicant argued that there was no valid Notice to Vacate, in
front of Member G Cremean; the member refused to hear on Compensation
for breaches of duty.
The Member failed to provide any order on the day of the hearing and
took some weeks to provide her reasons.
Member Cremean then backdated her orders to the day of the hearing
and
order that the Applicant vacate the premises in two (2) days;
Knowing the bad faith and willful conduct of the landlady and her
real
estate agent, Tony Rachele of McLennan Real Estate, the Applicant
sought review to protect his properties.
At the Supreme Court, the Applicant sought to appeal on the merits of
the decision from VCAT and seek an injunction against the possession
order.
The affidavit and supporting medical report from the Applicant that
went unchallenged was filed to be heard with Cavanough J in the
practice court, and now resubmitted to the High Court.
Cavanough J made the Applicant chase down the Respondent to be
present;
Cavanough J refused to allow an adjournment on medical grounds;
Cavanough J refused to provide written statements of reasons for his
decision, under valid court procedure rules;
In the Court of Appeals, the Respondent failed to turned up
The court of appeals erred by failing to indicate which Notice to
vacate was valid
The Court of Appeals erred by requiring the Applicant to challenge on
a question of fact that the applicant has moved out to the premises.
Part III:
[A brief statement of the applicant’s argument.]
The legal profession has a fifty percent (50%) success rate, meaning
every time a case is brought before the courts, one side would lose
any case. If the Australian Medical Association has a fifty percent
(50%) success rate, they would be labeled charlatan.
The Refugee deserves to be heard and be seen to contribute to
Australian values and Way of Life in the Australian Court of Law.
The Grounds of judicial review are satisfied by the Applicant:
a breach of natural justice;
an error of law; and or
a failure to take into account a relevant consideration.
Section 5 of the Administrative Decisions (Judicial Review) Act 1977
(Cth) ("ADJR Act") lists the grounds of judicial review, which
largely
reflect the common law grounds at both federal and state levels, as
follows:
A person who is aggrieved by a decision to which this Act applies
that
is made after the commencement of this Act may apply to the Federal
Court or the Federal Magistrates Court for an order of review in
respect of the decision on any one or more of the following grounds:
that a breach of the rules of natural justice occurred in connection
with the making of the decision;
that procedures that were required by law to be observed in
connection
with the making of the decision were not observed;
that the decision was not authorized by the enactment in pursuance of
which it was purported to be made;
that the making of the decision was an improper exercise of the power
conferred by the enactment in pursuance of which it was purported to
be made;
that the decision involved an error of law, whether or not the error
appears on the record of the decision;
that the decision was induced or affected by fraud;
that there was no evidence or other material to justify the making of
the decision;
that the decision was otherwise contrary to law.
The reference in paragraph (1)(e) to an improper exercise of a power
shall be construed as including a reference to:
taking an irrelevant consideration into account in the exercise of a
power;
failing to take a relevant consideration into account in the exercise
of a power;
an exercise of a power for a purpose other than a purpose for which
the power is conferred;
an exercise of a discretionary power in bad faith;
an exercise of a personal discretionary power at the direction or
behest of another person;
an exercise of a discretionary power in accordance with a rule or
policy without regard to the merits of the particular case;
an exercise of a power that is so unreasonable that no reasonable
person could have so exercised the power;
an exercise of a power in such a way that the result of the exercise
of the power is uncertain; and
any other exercise of a power in a way that constitutes abuse of the
power.
Review under the Administrative Decisions (Judicial Review) Act 1977
(Cth), especially under section 5, seems to indicate an enactment of
International Covenant on Civil and Political Rights,
International Convention on the Elimination of All Forms of Racial
Discrimination,
Inter alia;
Into Australian laws: an exercise of a power that is so unreasonable
that no reasonable person could have so exercised the power;
The other grounds of review pursuant to statute: the Victorian
Charter
of Human Rights and Responsibilities Act 2006.
Section 8. Recognition and equality before the law
Section 13 Privacy and Reputation
Section 24 Fair Hearing
Section 32 Interpretation
Section 38 Conduct of public authorities
Section 39 Legal proceedings
Part IV:
[Reasons why special leave should be granted.]
There are genuine questions of public importance arising from this
application:
The Refugee is vilified in public, and in this case by public
authorities; the Applicant is a refugee;
Where Racial Hatred has been legislated against directly, as in
Victorian Charter of Human Rights and Responsibilities Act 2006,
inter
alia;
The Refugee deserves to be allowed to stand up and make a case for
himself;
And not be vilified on his Engrish or bad English, even though
natural
justice does not rely on any specific language;
There seems to be a difference of opinion between the courts: Court
of
Appeal erred by failing to heed proper Authority:
Kostas v HIA Insurance Services Pty Limited [2010] HCA 32
Gurnett v The Macquarie Stevedoring Co Pty Ltd [No 2][126]
The interests of justice require
that the Refugee be heard,
And be given proper and clear reasons for his questions;
Where there is clear and direct legislation for protection of basic
human rights;
Where there is clear and direct legislation for the protection of
natural justice in lieu of human rights.
In M142/2007 Pham vs the Commonwealth, the same Applicant to this
application, asked the court for Writs of Mandamus, the High Court
Australia decides without his consent that the Applicant meant
Certiorari. Surely, the Applicant’s Engrish is not that bad! The
Refugee feels insulted, humiliated and intimidated.
Provisions dealing with racial hatred in 1995, the Racial
Discrimination Act makes it unlawful for
1) The act must be done in public;
2) It must be reasonably likely to offend, insult, humiliate or
intimidate the people against whom it is directed; and
3) It must be done because of the race, colour or national or ethnic
origin of the group against whom it is directed.
The threshold is “the victim's perspective is the measure of whether
an act is likely to offend, insult, humiliate or intimidate”.
The threshold is indirect unlawful discrimination based on race and
or
disability.
In Reggie Wurridjal, Joy Garlbin And Bawinanga Aboriginal Corporation
V The Commonwealth Of Australia And Arnhem Land Aboriginal Land
Trust,
the Honorable Justice Michael Kirby suggesting that the Aboriginality
of the applicants influenced the High Court decision.
"If any other Australians, selected by reference to their race,
suffered the imposition on their pre-existing property interests of
non-consensual five-year statutory leases … it is difficult to
believe
that a challenge to such a law would fail as legally unarguable on
the
ground that no 'property' had been 'acquired'," he said.
"The Aboriginal parties are entitled to have their trial and day in
court. We should not slam the doors of the courts in their face. This
is a case in which a transparent, public trial of the proceedings has
its own justification."
Justice Michael Kirby seems to be taking into consideration the 3
provisions of racial hatred in the Race Discrimination Act 1975
(Cth),
namely it was made in public, the victim's perspective in whether an
act is likely to offend, insult, humiliate or intimidate, and that in
all likelihood, natural justice in lieu of human rights, would have
been afforded other Australians in such circumstances.
In this particular case, the applicant submit that property has been
acquired, namely the filing fees for this application,
And that just compensation, must be afforded the Applicant and that
he
be heard and that he be given competent and proper reasons as to why
his questions are not valid;
Justice Michael Kirby seems to be equating natural justice with human
rights, and that protection for natural justice in Administrative
Decisions (Judicial Review) Act 1977 (Cth), inter alia.
The accompanying VCAT Directions of Senior Member G Nihill
Ref:A41/2012, and at least five (5) other cases coming from VCAT, and
at least three (3) coming from G Nihill, seems to indicate that VCAT
requires the Applicant to test what is proper judicial conduct,
especially in providing improper legal advice and the handling of
evidence, and direct legislation of conduct to be compatible with
natural justice if not human rights, enacted by the Victorian
parliament.
Part V:
An order for costs should not be made in favour of the respondent in
the event that the application is refused because the respondent
showed contempt for the legal process and correspondent laws and
courts, by failing to attend the court hearing.
In a related matter in front of VCAT, the representative of the
respondent, Mr Tony Rachele of McLennan Real Estate indicated to the
effect that “he couldn’t be bothered”.
In the absence of the respondent, the Court of Appeal Victoria in
effect acted for the respondent in a capacity that violates their
independence and neutrality.
Part VI:
[A table of the authorities, legislation or other material on which
the applicant relies, identifying the pages at which the relevant
passages appear.]
Administrative Decisions (Judicial Review) Act 1977 (Cth)
Section 5, inter alia
Victorian Charter of Human Rights and Responsibilities Act 2006
Section 8. Recognition and equality before the law
Section 13 Privacy and Reputation
Section 24 Fair Hearing
Section 32 Interpretation
Section 38 Conduct of public authorities
Section 39 Legal proceedings
Inter alia
Racial Discrimination Act 1975, 1995 (Cth) and its state counterpart
Including the racial hatred provisions
Disability Discrimination Act 1992 (Cth) and its state counterpart
the Judiciary Act
section 39B
Inter alia
Authority
Kostas v HIA Insurance Services Pty Limited [2010] HCA 32
Gurnett v The Macquarie Stevedoring Co Pty Ltd [No 2][126]
Reggie Wurridjal, Joy Garlbin And Bawinanga Aboriginal Corporation
V
The Commonwealth Of Australia And Arnhem Land Aboriginal Land Trust
Enclosed Documents
Medical report from Dr Chi Lye Tang of Springvale South Medical
Centre
dated 04 April 2012
Centrelink Medical Certicate
dated 04 April 2012
Confirmation of Health Care Card
dated 04 April 2012
VCAT Directions of Senior Member G Nihill
Ref:A41/2012
dated 02 April 2012
Part VII:
The applicant seeks to supplement this summary with oral argument.
Dated Thursday, April 19, 2012
................
(signed)....................
[Name of applicant / applicant’s solicitor]
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