Kolotau & Anor v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1145

FEDERAL COURT OF AUSTRALIA Kolotau v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1145

MIGRATION – judicial review – application to review decision of Minister not to exercise power under s 351 Migration Act 1958 (Cth) – notice of objection to competency lodged – application bound to fail COSTS – application for costs against unpaid representative of applicants – respondent consented to representative appearing without notifying representative that respondent would seek costs against him personally if application unsuccessful – whether Court should exercise discretion to award costs against a non-party

Migration Act 1958 (Cth) s 351, 351(7), 476(2) Judiciary Act 1903 (Cth) s 39B, 78B(2)(c) Tavalu v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1027 followed NAQG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1016 referred to NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 followed NADE v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 549 referred to NAFD v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 570 referred to NAQG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1044 considered SIONE LOARSALU KOLOTAU & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 733 OF 2002 HELY J 5 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 733 OF 2002

BETWEEN: SIONE LOARSALU KOLOTAU

FIRST APPLICANT

FELIUAKI KOLOTAU

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 5 SEPTEMBER 2002