WAEY v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1314

FEDERAL COURT OF AUSTRALIA

WAEY v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1314

MIGRATION – appeal from decision of Federal Magistrate – appeal dismissed.

COSTS – whether Federal Magistrate erred in making no order as to costs – where recovery of costs is unlikely and debt owing to the Commonwealth may frustrate future attempts to immigrate to Australia – appellant ordered to pay costs before Federal Magistrate.

Migration Act 1958

Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited. Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited. SDAP v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 812 cited. SGBB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 709 cited. Donald Campbell & Co Ltd v Pollack (1927) AC 732 cited. Minister for Immigration & Multicultural Affairs v X [2002] FCAFC 386 cited. Latoudis v Casey (1990) 170 CLR 534 cited. WAFU v Minister for Immigration [2002] FMCA 325 disapproved. WAEY v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No W 64 of 2003 LANDER J ADELAIDE 17 NOVEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 64 OF 2003

BETWEEN: WAEY

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 17 NOVEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Appeal dismissed. 2. The appellant to pay the respondent's costs of the proceedings in the Federal Magistrates Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 64 OF 2003

BETWEEN: WAEY

APPLICANT