Mentink v Minister for Home Affairs [2014] FCA 745

FEDERAL COURT OF AUSTRALIA

Mentink v Minister for Home Affairs [2014] FCA 745 Citation: Mentink v Minister for Home Affairs [2014] FCA 745

Parties: WILFRED JAN REINIER MENTINK v MINISTER FOR HOME AFFAIRS

File number: QUD 559 of 2012

Judge: RANGIAH J

Date of judgment: 17 July 2014

Catchwords: COSTS – where costs order made against applicant following non-appearance at interlocutory application – where respondent subsequently revoked decision – whether previous costs order should be set aside – whether appropriate order is no order as to costs

Legislation: Law Enforcement Integrity Commissioner Act 2006 (Cth) s 156

Cases cited: Mentink v Minister for Home Affairs [2013] FCA 68 cited Mentink v Minister for Home Affairs [2013] FCAFC 113 cited Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 applied

Date of hearing: 10 June 2014

Date of last submissions: 30 June 2014

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr SA McLeod

Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 559 of 2012

BETWEEN: WILFRED JAN REINIER MENTINK

Applicant

AND: MINISTER FOR HOME AFFAIRS

Respondent

JUDGE: RANGIAH J DATE OF ORDER: 17 JULY 2014 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The originating application is dismissed. 2. Order 2 of the Orders made on 27 May 2014 is set aside. 3. There be no order as to the costs of the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.