Federal Court of Australia
Federal Court of Australia
Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 241 File number: NSD 589 of 2022
Judgment of: KATZMANN J
Date of judgment: 21 March 2023
Catchwords: COSTS – application by successful party for an order under s 486F of the Migration Act 1958 (Cth) – where a person who was neither a lawyer nor a migration agent prepared court documents and sought to appear at the hearing on the applicants' behalf in their application for an extension of time to appeal from the lower court's judgment – where the Court dismissed the application, concluding that the proposed grounds of appeal were hopeless and the prospective appeal was bound to fail – whether an order under s 486F ought to be made requiring the person to pay the first respondent's costs of the application in this Court – whether an order should be made for the costs to be paid in a lump sum and in the amount sought
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 486F, 486G Federal Court Rules 2011 (Cth) r 40.02(b) Explanatory Memorandum, Migration Litigation Reform Bill 2005 (Cth)
Cases cited: SZFDZ v Minister for Immigration and Multicultural Affairs (2006) 155 FCR 482 Tukala v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 74 Tukala v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Costs) [2023] FCA 75
Division: General Division
Registry: New South Wales
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