Applicant A26 of 2002 v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCA 1050

FEDERAL COURT OF AUSTRALIA

Applicant A26 of 2002 v Minister For Immigration & Multicultural & Indigenous Affairs [2003] FCA 1050 IMMIGRATION – discontinuance of proceeding without instructions – whether notice of discontinuance should be set aside. PRACTICE AND PROCEDURE – discontinuance of proceeding – solicitor filing notice of discontinuance did not have instructions to file notice – solicitor also filing notice that applicant was acting in person without instructions to do so – need for leave to discontinue – leave given without the Court being made aware of absence of instructions to do so – whether Court has power to set aside notice of discontinuance in circumstances – whether court should set aside notice of discontinuance.

Migration Act 1958 (Cth) s 36(2) Castanho v Brown and Root (UK) Ltd [1981] AC 557 considered Ernst & Young (a Firm) v Butte Mining PLC [1996] 1 WLR 1605 considered Wool International v Sedgwick Ltd (No.2) [1997] FCA 709 - considered Re Minister for Immigration & Multicultural Affairs: Ex parte 'A' (2001) 185 ALR 489 referred to Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 referred to APPLICANT A26 OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, MEMBER REFUGEE REVIEW TRIBUNAL AND PRINCIPAL MEMBER REFUGEE REVIEW TRIBUNAL S 47 OF 2003 MANSFIELD J 2 OCTOBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 47 OF 2003

BETWEEN: APPLICANT A26 OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: MANSFIELD J