Gibson v Minister for Home Affairs [2022] FCAFC 94

Federal Court of Australia

Gibson v Minister for Home Affairs [2022] FCAFC 94 Appeal from: Gibson v Minister for Home Affairs [2020] FCCA 2731

File number: VID 704 of 2020

Judgment of: LOGAN, SC DERRINGTON AND MCEVOY JJ

Date of judgment: 11 May 2022

Catchwords: COSTS – where appellant discontinued appeal following receipt of further invitation to make representations under s 501CA of the Migration Act 1958 (Cth) – whether costs on discontinuance of appeal should be paid by appellant in accordance with Rule 36.73(4) Federal Court Rules 2011 (Cth) – whether costs order adverse to appellants in Federal Circuit Court on remitter from High Court should be disturbed – where appeal had no practical utility upon receipt of further invitation to make representations – where both parties acted reasonably in prosecuting appeal until date of invitation to make further representations – where proceeding in the Federal Circuit Court argued on different grounds to those agitated on appeal – where no reason to disturb cost order in court below – appellant ordered to pay costs of the appeal on and from date of receipt of further invitation to make representations

Legislation: Migration Act 1958 (Cth) ss 43, 501, 501CA Federal Court Rules 2011 (Cth) r 36.73

Cases cited: EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173 Gibson v Minister for Home Affairs [2020] FCCA 2731; (2020) 358 FLR 15 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174