Hanna v Minister for Immigration, Citizenship and Multicultural Affairs (Costs) [2023] FCA 695

Federal Court of Australia

Hanna v Minister for Immigration, Citizenship and Multicultural Affairs (Costs) [2023] FCA 695 File number: NSD 215 of 2022

Judgment of: CHEESEMAN J

Date of judgment: 23 June 2023

Catchwords: COSTS — where appeal dismissed — where administrative missteps on part of the Tribunal adversely impacted the limited time within which the appellant could make a valid application for merits review — whether first respondent should be ordered to pay appellant's costs — Held: no order as to costs made.

Legislation: Federal Court of Australia Act 1976 (Cth) s 43

Cases cited: Gray v Richards (No 2) (2014) 315 ALR 1 Hanna v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 604 Kirk v Minister for Immigration and Multicultural Affairs [1998] FCA 1174; 87 FCR 99 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Tabet v Minister for Immigration and Multicultural Affairs [1997] FCA 547; 75 FCR 446

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of last submission: 19 June 2023

Date of hearing: Determined on the papers

ORDERS NSD 215 of 2022

BETWEEN: JOSEPH HANNA Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: CHEESEMAN J DATE OF ORDER: 23 JUNE 2023

THE COURT ORDERS THAT:

1. Order 2 of the orders of Judge Egan of the Federal Circuit and Family Court of Australia (Division 2) on 9 March 2022 be set aside and, in lieu thereof, there be no order as to costs of the proceedings at first instance. 2. There be no order as to costs in proceeding NSD 215 of 2022. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.