Manage v Minister for Immigration and Border Protection [2019] FCA 1891

FEDERAL COURT OF AUSTRALIA

Manage v Minister for Immigration and Border Protection [2019] FCA 1891 Appeal from: Manage v Minister for Immigration & Anor [2019] FCCA 1558

File number: VID 694 of 2019

Judge: MOSHINSKY J

Date of judgment: 13 November 2019

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth), Sch 2, cl 573.211

Date of hearing: 13 November 2019

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 19

Solicitor for the Appellant: Mr R Gordon of PLS Lawyers

Solicitor for the First Respondent: Ms S Roberts of Mills Oakley Lawyers

Solicitor for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs

ORDERS VID 694 of 2019

BETWEEN: NALIN PRIYANTHA MARAKKALA MANAGE Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MOSHINSKY J DATE OF ORDER: 13 NOVEMBER 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.