BEG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No. 2) [2020] FCA 1375

BEG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No. 2) [2020] FCA 1375

Because the successful appeal contentions were not entirely new and challenged essentially the same aspects of the Tribunal's reasons as had been challenged in the Federal Circuit Court, the Minister's description of the successful ground as a fresh ground was not accepted. It was fair, efficient and cost effective to order the first respondent to pay the appellants' Federal Circuit Court costs fixed at $7,467.00, the amount allowable under the Federal Circuit Court Rules 2001 for migration proceedings concluded at a final hearing, and to pay the appeal costs as agreed or assessed.

Jurisdiction
Australia
Judgment Date
24 September 2020
Procedural Posture
Costs in Migration Judicial Review Appeal / Federal Court Decision on Costs After Appeal Allowed
Outcome
The first respondent was ordered to pay the appellants' costs in the Federal Circuit Court fixed at $7,467.00 and the appellants' costs of the appeal as agreed or assessed.
Legal Topics
['costs Discretion' 'costs of Appeal' 'costs in the Federal Circuit Court' 'protection Visa Judicial Review']
['costs' 'migration Law' 'administrative Law'] ['costs Discretion' 'costs of Appeal' 'costs in the Federal Circuit Court' 'protection Visa Judicial Review']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs in Migration Judicial Review Appeal / Federal Court Decision on Costs After Appeal Allowed

Legal Issues

  1. 1 ["Whether the first respondent should pay the appellants' costs of the appeal." 'Whether the appellants should receive their costs in the Federal Circuit Court or whether there should be no order as to costs.' 'Whether the successful appeal ground was a fresh ground such that the appellants should be deprived of Federal Circuit Court costs.' 'Whether Federal Circuit Court costs should be fixed by reference to the amount allowable under the Federal Circuit Court Rules 2001.']

Ratio Decidendi

Because the successful appeal contentions were not entirely new and challenged essentially the same aspects of the Tribunal's reasons as had been challenged in the Federal Circuit Court, the Minister's description of the successful ground as a fresh ground was not accepted. It was fair, efficient and cost effective to order the first respondent to pay the appellants' Federal Circuit Court costs fixed at $7,467.00, the amount allowable under the Federal Circuit Court Rules 2001 for migration proceedings concluded at a final hearing, and to pay the appeal costs as agreed or assessed.

Court Disposition

The first respondent was ordered to pay the appellants' costs in the Federal Circuit Court fixed at $7,467.00 and the appellants' costs of the appeal as agreed or assessed.

Orders

  • ["The first respondent is to pay the appellants' costs in the Federal Circuit Court of Australia fixed in the sum of $7,467.00." "The first respondent is to pay the appellants' costs of the appeal as agreed or assessed."]