Federal Court of Australia
Federal Court of Australia
Bowman v Commonwealth of Australia [2022] FCA 594 File number(s): VID 161 of 2021
Judgment of: MORTIMER J
Date of judgment: 20 May 2022
Catchwords: PRACTICE AND PROCEDURE – where applicant seeking relief related to immigration detention and removal from Australia was granted a visa after judgment reserved –– whether proceeding should be dismissed or permanently stayed – proceeding dismissed COSTS – whether court should make an order for costs where no judgment on the merits of the applicant's claims is to be delivered – competing claims for costs – consideration of Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 – no orders as to costs
Legislation: Migration Act 1958 (Cth), ss 13, 14, 189(1), 196(1), 198, 476A(1) Federal Court Rules 2011 (Cth), r 26.12(7) Migration Regulations 1994 (Cth), Schedule 2, cl 101.511 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Vic), s 5 Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 57.02
Cases cited: AZC20 v Minister for Home Affairs [2021] FCA 1234 Cabal v United Mexican States (No 6) [2000] FCA 651; 174 ALR 747 Chamoun v Commonwealth of Australia [2021] FCA 740 Commonwealth of Australia v AJL20 [2021] HCA 21; 391 ALR 562 DBE17 v Commonwealth of Australia (No 2) [2018] FCA 1793 Gould v Deputy Commissioner of Taxation [2010] FCA 1489 Grant v Secretary of Department of Home Affairs [2022] FCA 261 La Roche v Cormack [1991] FCA 917; 33 FCR 414 MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 559 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223; 283 FCR 602 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v MB [2021] FCAFC 194 Montes-Granados v Minister for Immigration and Multicultural Affairs [2000] FCA 60 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Te v Minister for Immigration and Multicultural Affairs (No 2) [2004] FCAFC 15; 204 ALR 497 United States of America v Griffiths [2004] FCA 895
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