Federal Court of Australia
Federal Court of Australia
Grant v Secretary of Department of Home Affairs [2022] FCA 261 File number: VID 619 of 2021
Judgment of: MURPHY J
Date of judgment: 22 March 2022
Catchwords: COSTS – where application was rendered moot by post – hearing decision by respondent – applicant granted a visa after final hearing but prior to delivery of judgment – principles regarding the Court's discretion to award costs where there has been no determination on the merits – where satisfied that the applicant would have been substantially successful – applicant awarded costs
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N(4), 43(2) Migration Act 1958 (Cth) ss 195A, 196, 197AB, 197C, 198, 198AD, 198AH, 417
Cases cited: DSE (Holdings) Pty Ltd v inter TAN Inc [2004] FCA 1251 Kheir v Secretary to the Department of Justice and Regulation [2019] VSC 76 Plaintiff M40/2015 v Minister for Immigration and Border Protection [2015] HCATrans 97 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 26
Date of last submission/s: 4 February 2022
Date of hearing: Heard on the papers
Counsel for the Applicant: Mr M Albert and Mr M Guo
Solicitor for the Applicant: Human Rights for All Pty Ltd
Counsel for the Respondent: Mr N Wood and Ms C Roberts
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