Federal Court of Australia
Federal Court of Australia
AUR23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1349 File number: NSD 277 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 3 November 2023
Catchwords: COSTS – where the application has been dismissed by consent – where the dismissal follows concessions being made by the first respondent, the Minister – where the concessions made after an independent High Court decision involving analogous decision-making of departmental officer – where there is a delay between the delivery of the High Court decision and the offer of the concession – Held: Minister to pay applicant's costs in a lump sum.
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Migration Act 1958 (Cth) ss 48B, 474(7(a), 476A(1)(b),(c)
Cases cited: Australian Securities Commission v Aust-Home Investments Ltd [1993] FCA 585; 44 FCR 194 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 213; 288 FCR 23 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10 Nine Network Australia Pty Ltd v Civil Aviation Safety Authority (No 2) [2021] FCA 1337 ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; 101 FCR 548 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin [1997] HCA 6; 186 CLR 622
Division: General Division
Registry: New South Wales
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