Minister for Immigration and Multicultural Affairs v 'X' [2002] FCAFC 93; [2002] FCA 386

Minister for Immigration and Multicultural Affairs v "X" [2002] FCAFC 93 Minister for Immigration and Multicultural Affairs v "X" [2002] FCA 386

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v "X" [2002] FCA 386 COURTS – PRACTICE AND PROCEDURE – costs – whether exceptional, special or unusual circumstances justify a departure from the usual rule that costs follow the event

Oshlack v Richmond River Council (1998) 193 CLR 72 - cited Re Wilcox: Ex parte Venture Industries Pty Ltd (1996) 141 ALR 727 – cited De Silva v Minister for Immigration and Multicultural Affairs [1998] FCA 311 - cited Ruddock v Vadarlis [2001] FCA 1865 – cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v "X" V 427 OF 2000 AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v "Y" V 428 OF 2000 BLACK CJ, LEE AND MERKEL JJ MELBOURNE 8 APRIL 2002

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 427 of 2000 and

V 428 of 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS