BLF20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 43

Federal Court of Australia

BLF20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 43 Appeal from: BLF20 v Minister for Immigration [2020] FCCA 878

File number: VID 322 of 2020

Judgment of: PERRAM J

Date of judgment: 1 February 2022

Catchwords: COSTS – where parties agree that the appeal be allowed – whether First Respondent should pay Appellant's costs of trial and appeal

Legislation: Migration Act 1958 (Cth)

Cases cited: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CBW20 [2021] FCAFC 63 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of hearing: 28 January 2022

Counsel for the Appellant: Mr A Aleksov

Solicitor for the Appellant: Luat Lawyers

Counsel for the First Respondent: Mr G Hill

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 322 of 2020

BETWEEN: BLF20 Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: PERRAM J DATE OF ORDER: 1 FEBRUARY 2022

THE COURT ORDERS THAT:

1. The parties confer and within 7 days submit agreed short minutes of order giving effect to these reasons for judgment. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.