BIW17 v Minister for Immigration and Border Protection & Anor

Case

[2020] HCATrans 32


Details
AGLC Case Decision Date
BIW17 v Minister for Immigration and Border Protection & Anor [2020] HCATrans 32 [2020] HCATrans 32

CaseChat Overview and Summary

In the High Court of Australia, Trieu Thanh Leculier and her firm, Sydney Solicitors, sought leave to withdraw as the solicitor on the record for the applicant in proceedings against the Minister for Immigration and Border Protection and the Administrative Appeals Tribunal. The application was heard by a single Justice of the High Court.

The legal issue before the Court was whether to grant the application for leave to withdraw as solicitor. The Court was required to consider the circumstances presented by Ms Leculier and Sydney Solicitors in support of their application.

The Court reasoned that leave to withdraw should be granted because the applicant had not been in contact with Ms Leculier for over two years and appeared to no longer be present in Australia. The first respondent, the Minister for Immigration and Border Protection, did not oppose the application or suggest any prejudice would arise from granting the order. In the absence of any good reason to decline the application, the Court acceded to the request.

The Court ordered that Trieu Thanh Leculier and Sydney Solicitors be granted leave to withdraw as solicitors for the applicant.
Details

Areas of Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Standing

  • Procedural Fairness

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