EGJ19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1374

EGJ19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1374

The costs order below should not be disturbed because the successful ground was not raised at first instance, the Minister did not have a duty to identify the error, and the Legal Services Directions could not be invoked by the appellants.

Jurisdiction
Australia
Judgment Date
09 November 2023
Procedural Posture
Appeal / Judgment on Costs Issue After Consent Orders Allowing Substantive Appeal
Outcome
Costs order of the FCCA not disturbed
Legal Topics
['costs' 'jurisdictional Error' 'procedural Fairness']
['administrative Law' 'migration Law' 'judicial Review'] ['costs' 'jurisdictional Error' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Judgment on Costs Issue After Consent Orders Allowing Substantive Appeal

Legal Issues

  1. 1 ['Whether the costs order in the Federal Circuit Court of Australia should be set aside after substantive appeal allowed by consent due to jurisdictional error' 'Whether the Minister had a duty to identify the s 473CB error at first instance']

Ratio Decidendi

The costs order below should not be disturbed because the successful ground was not raised at first instance, the Minister did not have a duty to identify the error, and the Legal Services Directions could not be invoked by the appellants.

Court Disposition

Costs order of the FCCA not disturbed

Orders

  • ['The order for costs in the Federal Circuit Court of Australia will not be disturbed.']