Federal Court of Australia
Federal Court of Australia
Okoh v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCAFC 81 Appeal from: Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1011
File number: VID 571 of 2022
Judgment of: THOMAS, O'BRYAN AND MCELWAINE JJ
Date of judgment: 26 May 2023
Catchwords: COSTS – where first respondent filed an interlocutory application before the substantial hearing seeking to vacate the hearing until a later date – where interlocutory application was brought after the applicant sought to amend the notice of appeal to raise a new ground previously raised in a different matter – where the first respondent was unsuccessful in the interlocutory application but ultimately successful in the proceedings – whether the first respondent pay the costs of the interlocutory application – whether there was utility in the interlocutory application
Cases cited: AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1105 CQI18 v Minister for Home Affairs (No 2) [2021] FCA 1427 Okoh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1011
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 25
Date of last submissions: 18 April 2023
Date of hearing: 28 March 2023
Counsel for the Appellant: Mr M Albert with Ms K Laycock-Walsh (Pro Bono)
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