Minister for Immigration and Citizenship v Sok (No 2) [2008] FCAFC 52

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Sok (No 2) [2008] FCAFC 52

MINISTER FOR IMMIGRATION AND CITIZENSHIP v SIE SOK AND MIGRATION REVIEW TRIBUNAL VID 888 OF 2007

FRENCH, LINDGREN & JACOBSON JJ

2 APRIL 2008

sydney (heard in MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID888 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Appellant

AND: SIE SOK

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGES: FRENCH, LINDGREN & JACOBSON JJ DATE OF ORDER: 2 APRIL 2008

WHERE MADE: sydney (heard in MELBOURNE)

THE COURT ORDERS THAT:

1. In lieu of the order made on 7 September 2007 in proceeding MLG 1603 of 2006 in the Federal Magistrates Court of Australia that the appellant pay the first respondent's costs of that proceeding, there be an order that the first respondent pay the appellant's costs of that proceeding in a sum of $5,000. 2. The first respondent have a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 in respect of the appeal stating that in the Court's opinion it would be appropriate for the Attorney-General to authorise a payment under that Act to the first respondent in respect of the costs incurred by the first respondent in relation to the appeal.

THE COURT NOTES THAT:

3. There is no order for payment for costs of the appeal to the intent that each party to the appeal will bear his or its own costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID888 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP