Tukala v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Costs) [2023] FCA 75

Federal Court of Australia

Tukala v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Costs) [2023] FCA 75 Appeal from: Application for extension of time: Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 525

File number: NSD 903 of 2022

Judgment of: KATZMANN J

Date of judgment: 9 February 2023

Catchwords: MIGRATION – where application for judicial review found to have had no reasonable prospects of success, whether any arguable error in order under s 486F of Migration Act 1958 (Cth) that Minister's costs be paid by the non-lawyer who prepared it, wrote the submissions and argued the case PRACTICE AND PROCEDURE – application for extension of time to appeal adverse costs order – where delay not insignificant and not explained but no prejudice resulted, whether extension of time should be granted

Legislation: Federal Court of Australia Act 1976 (Cth), ss 5, 24(1A), 486K Migration Act 1958 (Cth) ss 280, 486E, 486F Migration Litigation Reform Act 2005 (Cth) Pt 8B Federal Court Rules 2011 (Cth) rr 35.13, 36.03, Sch 1 Migration Agents Regulations 1998 (Cth) cl 3H

Cases cited: BUK16 v Minister for Immigration and Border Protection [2020] FCA 558 Cachia v Hanes (1994) 179 CLR 403 George v Fletcher (Trustee) (No 2) [2010] FCAFC 71 Kyriackou v Australian Securities and Investments Commission [2010] FCA 253 SZFDZ v Minister for Immigration and Multicultural Affairs (2006) 155 FCR 482 SZTMH v Minister for Immigration and Border Protection (2015) 230 FCR 550 Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 74 von Reisner v Commonwealth of Australia (No 2) [2009] FCAFC 172; 262 ALR 430