Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor

[2023] HCATrans 38

[2023] HCATrans 038

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S116 of 2021

B e t w e e n -

STANLEY TOHI

Applicant

and

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

GLEESON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA AND BY VIDEO CONNECTION

ON WEDNESDAY, 29 MARCH 2023, AT 9.30 AM

Copyright in the High Court of Australia

HER HONOUR:   In this matter, my orders are as follows:

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

1. The applicant’s solicitor is to serve a copy of this order on the applicant and every other party within 28 days of the date of this order.

1. The applicant’s solicitor is to give notice in writing to the Court and to every other party 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 10 March 2022, Gordon and Edelman JJ dismissed the applicant’s application for an extension of time to seek special leave to appeal from a judgment of the Full Court of the Federal Court of Australia[1].  On 4 January 2023, a Taxing Officer of this Court issued a certificate of taxation in respect of the assessment of costs ordered against the applicant by Gordon and Edelman JJ.

[1]Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2022] HCASL 38.

On 10 February 2023, 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 in r 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 the circumstances, it is appropriate that leave be granted.

Accordingly, pursuant to r 13.03.1 of the High Court Rules 2004 (Cth), I direct that the application filed on 10 February 2023 be determined without listing it for hearing and direct the Registrar to draw up, sign and seal orders: (1) granting the applicant’s solicitor leave to withdraw as solicitor for the applicant pursuant to r 6.02.5(c) of the High Court Rules 2004 (Cth); (2) ordering that the applicant’s solicitor serve a copy of that order on the applicant and on the first respondent in accordance with r 6.02.5(c) of the High Court Rules 2004 (Cth); and (3) ordering that the applicant’s solicitor give notice in writing to the Court and to the first respondent of the applicant’s last‑known address for service.

The orders of the Court in matter No S116 of 2021 are:

1.Pursuant to r 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 every other party 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 every other party of the applicant’s last-known address for service within 28 days of the date of this order.

Adjourn the Court, please.

AT 9.31 AM THE MATTER WAS CONCLUDED