Wain v MIMIA

[2005] HCATrans 827

[2005] HCATrans 827

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P1 of 2004

B e t w e e n -

WAIN

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 7 OCTOBER 2005, AT 9.03 AM

Copyright in the High Court of Australia

McHUGH J: Application books were filed in this matter on 17 May 2004. After that date, the respondent exercised her discretion under s 48B of the Migration Act 1958 (Cth) to allow the applicant to make a further application for a protection visa. The applicant made a valid application on or about 23 September 2004. The respondent granted the applicant a protection visa, and released the applicant from Baxter Detention Centre, on 29 November 2004.

On 23 September 2004, the respondent’s solicitors were notified that Slater and Gordon had filed a Notice of Commencement to Act on 21 September 2004, and were thus the applicant’s solicitors on the record. On 30 September 2004, the respondent’s solicitors received a signed Notice of Discontinuance as to the applicant’s first protection visa application, to which the special leave application relates.  Yet, the respondent’s solicitors could not file the Notice of Discontinuance as the applicant had Slater and Gordon as the solicitors on the record.  On 26 November 2004, the respondent’s solicitors received from the applicant’s solicitors a Notice of Ceasing to Act.

The application for special leave is dismissed for want of prosecution.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 9.03 AM THE MATTER WAS CONCLUDED