Federal Court of Australia
Federal Court of Australia
Ngatoko v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2023] FCA 1384 Review of: Ngatoko and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1039
File number: NSD 554 of 2021
Judgment of: FEUTRILL J
Date of judgment: 9 November 2023
Catchwords: COSTS – costs orders – where final hearing adjourned for applicant to consider the effect of the Migration Amendment (Aggregate Sentences) Act 2023 (Cth) – whether Minister should have costs thrown away
Legislation: Federal Court of Australia Act 1976 (Cth) ss 43, 43(3) Migration Act 1958 (Cth) ss 5AB, 501(3A), 501(6)(a), 501(7)(c) Migration Amendment (Aggregate Sentences) Act 2023 (Cth) Sch1, item 4
Cases cited: DSE (Holdings) Pty Ltd v InterTAN Inc (2004) 51 ACSR 555; [2004] FCA 1251 Ngatoko v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1165 Pearson v Minister for Home Affairs [2022] FCAFC 203; (2022) 295 FCR 177 Stanley v Layne Christensen Company [2006] WASCA 56
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 14
Date of last submissions: 26 October 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr CJ Fitzgerald (Pro Bono)
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