Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFDZ v Minister for Immigration and Multicultural Affairs [2006] FCA 1366 MIGRATION – costs orders under s 486F of the Migration Act 1958 (Cth) - where application for leave to appeal Federal Magistrate's decision dismissed and finding made of no reasonable prospects of success – where applicant assisted by non-lawyer who prepared documents filed and spoke on applicant's behalf at hearing – whether contravention of s 486E of the Migration Act 1958 (Cth) – whether "proper consideration to the prospects of success" was given, pursuant to s 486E(1)(b)(i) of the Act WORDS AND PHRASES – "proper consideration to the prospects of success of the migration litigation" Migration Act 1958 (Cth) ss 486E, 486F SZDFZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NSD 1127 OF 2006
MOORE J
24 OCTOBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1127 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDFZ
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MOORE J DATE OF ORDER: 24 OCTOBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Toufic Laba-Sarkis pay the respondent's costs of the application, pursuant to s 486F of the Migration Act 1958 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1127 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDFZ
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MOORE J
DATE: 24 OCTOBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 4 August 2006, I dismissed the applicant's application for leave to appeal from a decision of a Federal Magistrate and held that the applicant would have no prospects of success in any appeal: SZFDZ v Minister for Immigration [2006] FCA 974. At the hearing on 27 July 2006, the Minister's solicitor submitted that the Court should consider making a costs order personally against Mr Laba-Sarkis, who had spoken on the applicant's behalf at the hearing and, as he acknowledged, assisted the applicant by drafting documents filed in the proceeding on her behalf. The question of costs was reserved and Mr Laba-Sarkis was directed to file any affidavits or written submissions on the issue of costs within 14 days. Mr Laba-Sarkis has provided an affidavit affirmed 19 August 2006 and written submissions. The Minister has also filed written submissions.
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