NAOX v Minister for Immigration and Citizenship (No 2) [2009] FCA 1264

FEDERAL COURT OF AUSTRALIA

NAOX v Minister for Immigration and Citizenship (No 2) [2009] FCA 1264

COSTS – power of Court to order costs – whether the Court has power to award costs in respect of proceedings in the Refugee Review Tribunal from which an application for Constitutional writs was made – s 43 of the Federal Court of Australia Act 1976 (Cth) vests in the Court only jurisdiction to award costs in proceedings before the Court – no power to award costs in respect of proceedings in the Refugee Review Tribunal Federal Court of Australia Act 1976 (Cth)s 43 Federal Court Rules O 62 rr3, 5 Migration Act 1958 (Cth) ss 276, 277, 281, 476(1) Dutton v Republic of South Africa(1999) 162 ALR 625 applied Dutton v Republic of South Africa (1999) 92 FCR 575 cited NAOX and SZFSG v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 1795 of 2008

SPENDER J

6 NOVEMBER 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1795 of 2008

GENERAL DIVISION

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: NAOX

First Appellant

SZFSG

Second Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: SPENDER J

DATE OF ORDER: 6 NOVEMBER 2009

WHERE MADE: BRISBANE

THE COURT DECLARES THAT:

1. The Federal Court of Australia, on an appeal to it from a decision of the Federal Magistrates Court, has no power to award costs in respect of proceedings in the Refugee Review Tribunal, from which an application for constitutional writs was made to the Federal Magistrates Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA