Graham v Minister for Immigration and Border Protection (No 2) [2018] FCA 1116

Graham v Minister for Immigration and Border Protection (No 2) [2018] FCA 1116

This is an appropriate case in which costs should follow the event. The discretion to order costs is not displaced by the earlier related successes of the applicant, the possible public interest components, or the applicant's current absence from Australia. No special circumstances were shown to justify departure from the ordinary rule.

Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Application for Judicial Review / Cost Determination Following Dismissal of Application
Outcome
The applicant is to pay the Minister's costs of the application.
Legal Topics
['judicial Review' 'immigration Detention' 'costs']
['administrative Law' 'migration Law'] ['judicial Review' 'immigration Detention' 'costs']

Case Brief

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Procedural Posture

Application for Judicial Review / Cost Determination Following Dismissal of Application

Legal Issues

  1. 1 ["Whether the applicant should pay the respondent Minister's costs following unsuccessful judicial review"]

Ratio Decidendi

This is an appropriate case in which costs should follow the event. The discretion to order costs is not displaced by the earlier related successes of the applicant, the possible public interest components, or the applicant's current absence from Australia. No special circumstances were shown to justify departure from the ordinary rule.

Court Disposition

The applicant is to pay the Minister's costs of the application.

Orders

  • ["The applicant pay the first respondent's costs of the application."]