CHD16 v Minister for Immigration

The applicant, CHD16, sought an extension of time to apply for review of a decision made by the former Refugee Review Tribunal. The respondent was the Minister for Immigration. The matter came before Judge Nicholls of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether it had the power to set aside a notice of discontinuance filed by the applicant. If this power was enlivened, the Court would then consider whether to exercise its discretion to set aside the discontinuance.

Judge Nicholls reasoned that the power to set aside a notice of discontinuance is not enlivened in circumstances where the applicant has already filed a notice of discontinuance and subsequently sought to withdraw that discontinuance. The Court held that the applicant's application to set aside their own notice of discontinuance was misconceived. As the power to set aside was not enlivened, the Court did not proceed to consider the exercise of discretion.

The application to set aside the notice of discontinuance was dismissed.