DAB16 v Minister for Home Affairs (No 2) [2021] FCA 120

Federal Court of Australia

DAB16 v Minister for Home Affairs (No 2) [2021] FCA 120 Appeal from: DAB16 v Minister for Immigration & Anor [2018] FCCA 3957

File number: WAD 614 of 2018

Judgment of: CHARLESWORTH J

Date of judgment: 23 February 2021

Catchwords: MIGRATION – costs orders under s 486F of the Migration Act 1958 (Cth) – where previous finding that migration litigation had no reasonable prospect of success – whether contravention of s 486E of the Migration Act 1958 (Cth) by a legal practitioner – whether legal practitioner encouraged migration litigation – whether practitioner gave "proper consideration" to the prospect of success of an appeal – consideration of matters relevant to the exercise of the Court's discretion to award costs – where delay between judgment on substantive issues and determination of costs application –whether previous costs order can and should be varied or set aside

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) ss 5H, 5J, 36, 473DC, 473DD, 474, 476, 476A, 486E, 486F, 486H, 486I, 486J, 486K Migration Litigation Reform Act 2005 (Cth) Federal Court Rules 2011 (Cth) rr 4.12, 39.05

Cases cited: Celand v Skycity Adelaide Pty Ltd (2017) 256 FCR 306 DAB16 v Minister for Home Affairs [2019] FCA 2114 DAB16 v Minister for Immigration & Anor [2018] FCCA 3957 FJV18 v Minister for Home Affairs & Anor [2020] FCCA 1032; 351 FLR 315 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd [2019] FCA 1458 SZFDZ v Minister for Immigration and Multicultural Affairs (2006) 155 FCR 482 SZTMH v Minister for Immigration and Border Protection (2015) 230 FCR 550