Federal Court of Australia
Federal Court of Australia
EGJ19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1374 Appeal from: EGJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1072
File number: NSD 720 of 2021
Judgment of: THOMAS J
Date of judgment: 9 November 2023
Catchwords: COSTS – where substantive appeal allowed by consent – where the decision of the Immigration Assessment Authority (IAA) was affected by jurisdictional error – where ground was not advanced before the primary judge and was not evident and did not arise from the decision of the IAA – whether the costs order in the court below should be set aside – costs orders not disturbed
Legislation: Judiciary Act 1901 (Cth) Migration Act 1958 (Cth)
Cases cited: Anees v Minister for Immigration and Border Protection (No 2) [2020] FCAFC 67 Croker v Commonwealth of Australia [2011] FCAFC 25 EGJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1072 Uriaere v Minister for Home Affairs (2019) 168 ALD 417; [2019] FCAFC 235 Weti-Safwan v Minister for Home Affairs [2019] FCAFC 173
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 34
Date of last submissions: 6 March 2023
Determined on the papers: 9 November 2023
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