Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sidhu v Minister for Immigration and Border Protection [2018] FCA 1829 Appeal from: Sidhu v Minister for Immigration & Anor [2018] FCCA 1043
File number: SAD 116 of 2018
Judge: MOSHINSKY J
Date of judgment: 21 November 2018
Legislation: Migration Act 1958 (Cth), s 116 Migration Regulations 1994 (Cth), Sch 8, cl 8202
Date of hearing: 21 November 2018
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: No Catchwords
Number of paragraphs: 19
Counsel for the Appellant: The Appellant appeared in person
Solicitor for the First Respondent: Ms NA Milutinovic of Sparke Helmore Lawyers
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS SAD 116 of 2018
BETWEEN: JARNAIL SINGH SIDHU Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: MOSHINSKY J DATE OF ORDER: 21 NOVEMBER 2018
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs, to be fixed by way of a lump sum.
THE COURT DIRECTS THAT:
3. Within 14 days, the parties file any agreed proposed minute of orders fixing a lump sum in relation to the first respondent's costs. 4. In the absence of agreement, within 21 days the first respondent file and serve an affidavit constituting a costs summary in accordance with paragraphs 4.10 to 4.12 of the Court's Costs Practice Note (GPN-COSTS). 5. Within a further 14 days, the appellant file and serve any Costs Response in accordance with paragraphs 4.13 to 4.14 of the Costs Practice Note (GPN-COSTS). 6. In the absence of any agreement having been reached within a further 14 days, the matter of an appropriate lump sum figure for the first 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.
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