Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DQR16 v Minister for Immigration and Border Protection [2017] FCA 96 File number(s): NSD 2065 of 2016
Judge(s): GRIFFITHS J
Date of judgment: 10 February 2017
Catchwords: MIGRATION – application for an order of mandamus under s39B of the Judiciary Act 1903 (Cth) compelling the Minister to make a decision in respect of a Protection (Class XA) visa application – applicant granted a protection visa the day before the Court hearing – whether protection visa was granted as a result of the applicant having commenced the proceeding – whether applicant entitled to obtain a costs order in his favour. Held: originating application dismissed – no order as to costs.
Legislation: Judiciary Act 1903 (Cth) s39B
Cases cited: Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Yates Property Corporation Pty Ltd v Boland (2000) FCA 1106
Date of hearing: 10 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 7
Counsel for the Applicant: Dr S Tully
Solicitor for the Applicant: Ryburn Solicitors
Solicitor for the Respondent: Ms D Watson of Australian Government Solicitor
ORDERS NSD 2065 of 2016
BETWEEN: DQR16 Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Defendant
JUDGE: GRIFFITHS J DATE OF ORDER: 10 FEBRUARY 2017
THE COURT ORDERS THAT:
1. The originating application is dismissed. 2. There is no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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