Rolfe v Department of Home Affairs [2018] FCA 1674

FEDERAL COURT OF AUSTRALIA

Rolfe v Department of Home Affairs [2018] FCA 1674 File number: WAD 294 of 2018

Judge: COLVIN J

Date of judgment: 1 November 2018

Legislation: Migration Act 1958 (Cth) ss 477A, 501(3A), 501CA

Cases cited: AZAEY v Minister for Immigration and Border Protection [2015] FCAFC 193; (2015) 238 FCR 341 Maxwell v Minister for Immigration and Border Protection [2016] FCA 47; (2016) 249 FCR 275 SZVZH v Minister for Immigration and Border Protection [2018] FCA 896 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116

Date of hearing: 1 November 2018

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 15

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: Mr PJ Hannan

Solicitor for the Respondent: Sparke Helmore Lawyers

ORDERS WAD 294 of 2018

BETWEEN: BENJAMIN LEVI ROLFE Applicant

AND: DEPARTMENT OF HOME AFFAIRS Respondent

JUDGE: COLVIN J DATE OF ORDER: 1 NOVEMBER 2018

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The costs of the application be assessed on a lump sum basis. 3. In the absence of any agreement as to the lump sum figure: (a) on or before 16 November 2018 the respondent file and serve an affidavit constituting a Costs Summary in accordance with paragraphs 4.10 to 4.12 of the Courts Costs Practice Note (GPN-COSTS); (b) on or before 30 November 2018 the appellant file and serve any Costs Response in accordance with paragraphs 4.13 to 4.14 of the GPN-COSTS. 4. The matter of an appropriate lump sum figure for the respondent's costs be referred to a Registrar for determination. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.