Pull v Minister for Immigration & Citizenship [2009] FCA 747

Pull v Minister for Immigration & Citizenship [2009] FCA 747

The Minister's grant of the s 195A visa rendered the primary relief in NSD 17/2009 redundant and the remaining relief practically futile. The applicant acted reasonably in commencing and discontinuing the proceedings when the matter became without utility due to the Minister's change in position. Costs are therefore awarded to the applicant in NSD 17/2009 but each party bears their own costs in SAD 52/2009.

Parties
Applicant: Allan Pull; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Secretary for Immigration and Citizenship; Second Respondent (sad 52/2009): Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 July 2009
Procedural Posture
Applications for Declaratory and Prerogative Relief and Application for Extension of Time to File Notice of Appeal / Costs Determination After Discontinuance
Outcome
Applicant awarded costs in NSD 17/2009; no order as to costs in SAD 52/2009.
Legal Topics
Costs on Discontinuance, Judicial Review, Visa Cancellation and Validation, Status of Lawful Non Citizen
Administrative Law Migration Law Constitutional Law Costs on Discontinuance Judicial Review Visa Cancellation and Validation Status of Lawful Non Citizen

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 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Allan Pull

Applicant

Minister for Immigration and Citizenship

First Respondent

Secretary for Immigration and Citizenship

Second Respondent

Administrative Appeals Tribunal

Second Respondent (sad 52/2009)

Procedural Posture

Applications for Declaratory and Prerogative Relief and Application for Extension of Time to File Notice of Appeal / Costs Determination After Discontinuance

Legal Issues

  1. 1 Whether the Minister's change in position rendered relief redundant or futile
  2. 2 Whether the applicant is entitled to costs upon discontinuance where the Minister's actions rendered proceedings unnecessary
  3. 3 Whether declaratory relief regarding visa status was appropriate after grant of s 195A visa

Ratio Decidendi

The Minister's grant of the s 195A visa rendered the primary relief in NSD 17/2009 redundant and the remaining relief practically futile. The applicant acted reasonably in commencing and discontinuing the proceedings when the matter became without utility due to the Minister's change in position. Costs are therefore awarded to the applicant in NSD 17/2009 but each party bears their own costs in SAD 52/2009.

Court Disposition

Applicant awarded costs in NSD 17/2009; no order as to costs in SAD 52/2009.

Orders

  • The first respondent pay the applicant's costs up to and including the hearing of this application (NSD 17/2009).
  • There be no order as to costs (SAD 52/2009).