Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v MB [2021] FCAFC 194 Appeal from: Application for extension of time and leave to appeal from: MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 559
File number(s): VID 324 of 2021
Judgment of: GRIFFITHS, THOMAS AND STEWART JJ
Date of judgment: 5 November 2021
Date of publication of reasons: 8 November 2021
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal from costs order made in relation to failure of respondent below to obtain an order in the nature of habeas corpus – interlocutory application to adduce fresh evidence – where the primary judge ordered there be no order as to costs – whether arguable case primary judge proceeded on mistake of fact, took into account irrelevant considerations or incorrectly applied Cabal v United Mexican States (No 6) [2000] FCA 651; 174 ALR 747 – discretionary costs judgment turning on particular circumstances of the case – no arguable grounds of appeal – no substantial injustice if leave to appeal refused – held: applications dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1A), 27
Cases cited: Aldi Foods Pty Ltd v Transport Workers' Union of Australia [2020] FCAFC 231; 282 FCR 174 Cabal v United Mexican States (No 6) [2000] FCA 651; 174 ALR 747 Celand v Skycity Adelaide Pty Ltd [2017] FCAFC 222; 256 FCR 306 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1441 Commonwealth of Australia v AJL20 [2021] HCA 21; 95 ALJR 567 Décor Corporation Pty Ltd v Dart Industrial Inc (1991) 33 FCR 397 District Council of Streaky Bay v Wilson [2021] FCAFC 181 Gorczynski v Annandale Services Pty Ltd [2004] NSWCA 7 House v King [1936] HCA 40; 55 CLR 499 Hudson v Sigalla [2016] FCA 1204 MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 559 MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 442 Northern Land Council v Quall (No 3) [2021] FCAFC 2 Rickus v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2010] FCAFC 16; 265 ALR 112 Snowside Pty Ltd atf Snowside Trust, in the matter of Boart Longyear Ltd [2019] FCA 2159 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 Te v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 15; 204 ALR 497 Tenser v Quigley [2016] FCAFC 178 Zreika v Royal [2019] FCAFC 82; 271 FCR 65
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