SZTSC v Minister for Immigration and Border Protection (No 2) [2017] FCA 1485

FEDERAL COURT OF AUSTRALIA

SZTSC v Minister for Immigration and Border Protection (No 2) [2017] FCA 1485 Appeal from: SZTSC v Minister for Immigration & Anor [2016] FCCA 543

File number(s): NSD 497 of 2016

Judge(s): GREENWOOD J

Date of judgment: 7 December 2017

Catchwords: MIGRATION – consideration of the orders to be made in disposition of the question of costs of the appeal and the costs before the Federal Circuit Court of Australia

Legislation: Migration Act 1958 (Cth), ss 36(2)(a) and 36(2)(aa)

Cases cited: SZTSC v Minister for Immigration and Border Protection [2017] FCA 1032

Date of last submissions: 4 October 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 32

Counsel for the Appellant: Mr S Lawrence

Solicitor for the Appellant: Thomas McLoughlin Lawyers

Solicitor for the Respondents: Ms N Blake, Clayton Utz

ORDERS NSD 497 of 2016

BETWEEN: SZTSC Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 7 DECEMBER 2017

THE COURT ORDERS THAT:

1. The first respondent pay the appellant's costs of and incidental to the appeal including the costs of these proceedings on the question of costs, and the first respondent pay the appellant's costs of the proceeding before the Federal Circuit Court of Australia. 2. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.