Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DSF17 v Minister for Home Affairs [2019] FCA 243 Appeal from: DSF17 v Minister for Immigration & Anor [2018] FCCA 2242
File number: VID 1061 of 2018
Judge: MOSHINSKY J
Date of judgment: 4 March 2019
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – protection visa – fast-track review process – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 5AA, 46A, 473DD
Date of hearing: 20 February 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 37
Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr OM Ciolek
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS VID 1061 of 2018
BETWEEN: DSF17 Appellant
AND: MINISTER FOR HOME AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
JUDGE: MOSHINSKY J DATE OF ORDER: 4 MARCH 2019
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal, to be fixed by way of a lump sum.
THE COURT DIRECTS THAT:
3. Within 14 days, the parties file any agreed proposed minutes of orders fixing a lump sum in relation to the first respondent's costs. 4. In the absence of any agreement: (a) 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); (b) 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); and (c) 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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