ABH18 v Minister for Home Affairs & Anor

[2022] HCATrans 78

[2022] HCATrans 078

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A14 of 2020

B e t w e e n -

ABH18

Applicant

and

MINISTER FOR HOME AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

GLEESON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 4 MAY 2022, AT 9.00 AM

Copyright in the High Court of Australia

HER HONOUR:   My orders are as follows:

1.Pursuant to rule 6.02.5(c) of the High Court Rules 2004 (Cth), the applicant’s solicitor is granted leave to withdraw as solicitor for the applicant.

2.The applicant’s solicitor is to serve a copy of this order on the applicant and the first respondent within 28 days of the date of this order.

3.The applicant’s solicitor is to give notice in writing to the Court and to the first respondent of the applicant’s last known address for service within 28 days of the date of this order.

I publish my reasons and I direct that those reasons be incorporated into the transcript.

On 14 October 2020 the applicant’s application for an extension of time to apply for special leave to appeal a decision of a single Judge of the Federal Court of Australia (ABH18 v Minister for Home Affairs [2020] FCA 620) was refused: [2020] HCASL 219. On 24 March 2022, the applicant’s solicitor filed an application seeking leave to withdraw as solicitor for the applicant. Having regard to the affidavit material before the Court I am satisfied that the applicant’s solicitor has complied with the requirement under rule 6.02.5(c) of the High Court Rules 2004 (Cth) to give notice in writing to the applicant of their intention to apply for leave to withdraw prior to making the application to this Court and that, in all of the circumstances, it is appropriate for leave to be granted. The first respondent does not object to the grant of leave.

Accordingly, pursuant to rule 13.03.1 of the High Court Rules 2004 (Cth), I direct that the application filed on 24 March 2022 be determined without listing it for hearing and direct the Registrar to draw up, sign and seal an order (1) granting the applicant’s solicitor leave to withdraw as solicitor for the applicant pursuant to rule 6.02.5(c) of the High Court Rules 2004 (Cth); (2) ordering the applicant’s solicitor to serve a copy of that order on the applicant and on the first respondent in accordance with rule 6.02.5(c) of the High Court Rules 2004 (Cth); and (3) ordering the applicant’s solicitor to give notice in writing to the Court and to the first respondent of the applicant’s last‑known address for service.

Accordingly, in matter No A14/2020 the orders of the Court are:

1.Pursuant to rule 6.02.5(c) of the High Court Rules 2004 (Cth) the applicant’s solicitor is granted leave to withdraw as solicitor for the applicant.

2.The applicant’s solicitor is to serve a copy of this order on the applicant and the first respondent within 28 days of the date of this order.

3.The applicant’s solicitor is to give notice in writing to the Court and to the first respondent of the applicant’s last‑known address for service within 28 days of the date of this order.

Please adjourn the Court.

AT 9.01 AM THE MATTER WAS ADJOURNED