CWO19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1425

CWO19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1425

Because the appellants had lodged a Notice of Discontinuance before the hearing, the appeal was to be dismissed and the adult appellants were required to pay the first respondent's costs of the appeal, but only up to and including costs incurred on 8 November 2023 and the costs of preparation for the hearing; no costs order was made for the hearing on 9 November 2023.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming a Delegate's Refusal to Grant Protection Visas; Supplementary Reasons Concerning Orders After a Notice of Discontinuance Was Lodged Before the Hearing.
Outcome
Appeal dismissed; costs ordered against the first and second appellants on a limited basis; first respondent's name changed.
Legal Topics
['protection Visas' 'judicial Review' 'appeal Dismissal' 'non Appearance' 'notice of Discontinuance' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visas' 'judicial Review' 'appeal Dismissal' 'non Appearance' 'notice of Discontinuance' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming a Delegate's Refusal to Grant Protection Visas; Supplementary Reasons Concerning Orders After a Notice of Discontinuance Was Lodged Before the Hearing.

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellants did not appear at the listed hearing and had filed no written submissions.' 'Whether the costs order should be varied because the appellants lodged a Notice of Discontinuance on the day before the hearing.' "Whether the first respondent's name should be changed to Minister for Immigration, Citizenship and Multicultural Affairs."]

Ratio Decidendi

Because the appellants had lodged a Notice of Discontinuance before the hearing, the appeal was to be dismissed and the adult appellants were required to pay the first respondent's costs of the appeal, but only up to and including costs incurred on 8 November 2023 and the costs of preparation for the hearing; no costs order was made for the hearing on 9 November 2023.

Court Disposition

Appeal dismissed; costs ordered against the first and second appellants on a limited basis; first respondent's name changed.

Orders

  • ['The appeal be dismissed.' "The first and second appellants pay the first respondent's costs of the appeal up to and including any costs incurred on 8 November 2023 and including the costs of preparation for the hearing." 'The name of the first respondent be changed to "Minister for Immigration, Citizenship and...