Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 241

Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 241

Kitoko encouraged the applicants to pursue litigation with no reasonable prospects of success, did not give proper consideration to those prospects, and was given a reasonable opportunity to respond; therefore, a costs order under s 486F should be made, awarding costs to the Minister in a lump sum.

Parties
First Applicant: Jean-Pierre Tukala Tukala; Second Applicant: Veronique Vela; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal; Other: Vangu Kitoko
Jurisdiction
Australia
Judgment Date
21 March 2023
Procedural Posture
Costs Application / Post Dismissal (after Principal Judgment)
Outcome
Costs order against Vangu Kitoko under s 486F, in favour of the first respondent, in a fixed lump sum.
Legal Topics
Costs Orders Under Migration Act S 486 F, Non Lawyer Assistance in Litigation
Administrative Law Migration Law Costs Orders Under Migration Act S 486 F Non Lawyer Assistance in Litigation

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Parties

Jean-Pierre Tukala Tukala

First Applicant

Veronique Vela

Second Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Vangu Kitoko

Other

Procedural Posture

Costs Application / Post Dismissal (after Principal Judgment)

Legal Issues

  1. 1 Whether Vangu Kitoko encouraged the applicants to commence or continue migration litigation without proper consideration to prospects of success
  2. 2 Whether an order under s 486F should be made requiring Kitoko to pay the Minister's costs
  3. 3 Whether the costs order should be in a lump sum in the amount sought

Ratio Decidendi

Kitoko encouraged the applicants to pursue litigation with no reasonable prospects of success, did not give proper consideration to those prospects, and was given a reasonable opportunity to respond; therefore, a costs order under s 486F should be made, awarding costs to the Minister in a lump sum.

Court Disposition

Costs order against Vangu Kitoko under s 486F, in favour of the first respondent, in a fixed lump sum.

Orders

  • Vangu Kitoko to pay the first respondent's costs of the proceeding, including costs of interlocutory application filed on 23 February 2023.
  • Costs be awarded in a lump sum, fixed at $17,853.