Arafat v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1432

Arafat v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1432

Leave is granted for the appeal to be discontinued with no order as to costs because the circumstances are exceptional, including the appellants' absence from Australia, remote prospects of cost recovery, and prejudice beyond financial impost; discretion is exercised to depart from the usual costs rule.

Parties
First Appellant: Mohammad Yasin Arafat; Second Appellant: Nusrat Jahan Saima; Third Appellant: Master Abdullah Muadh; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Appeal / Hearing for Leave to Discontinue
Outcome
Leave granted to discontinue appeal with no order as to costs.
Legal Topics
Regional Employer Nomination Visa, Discontinuance of Appeal, Award of Costs, Procedural Fairness
Migration Law Administrative Law Costs Regional Employer Nomination Visa Discontinuance of Appeal Award of Costs Procedural Fairness

Case Brief

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Parties

Mohammad Yasin Arafat

First Appellant

Nusrat Jahan Saima

Second Appellant

Master Abdullah Muadh

Third Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Hearing for Leave to Discontinue

Legal Issues

  1. 1 Whether leave should be granted to discontinue the appeal without an order as to costs
  2. 2 Whether the appellants met requirements for Regional Employer Nomination visa
  3. 3 Discretion as to costs under Federal Court Rules and Act

Ratio Decidendi

Leave is granted for the appeal to be discontinued with no order as to costs because the circumstances are exceptional, including the appellants' absence from Australia, remote prospects of cost recovery, and prejudice beyond financial impost; discretion is exercised to depart from the usual costs rule.

Court Disposition

Leave granted to discontinue appeal with no order as to costs.

Orders

  • Leave is granted for the appeal to be discontinued with no order as to costs.