BLF20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 43

BLF20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 43

Although the general rule on compromise is that each party bears their own costs, because the Appellant succeeded in establishing his visa was not cancelled, he is entitled to his trial costs, but there should be no order as to costs for the appeal as the compromise rendered it unnecessary to determine its merits.

Parties
Appellant: BLF20; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
01 February 2022
Procedural Posture
Appeal / Judgment on Costs After Compromise of Appeal
Outcome
Parties to submit agreed short minutes of order consistent with reasons; no order as to appeal costs; Appellant entitled to trial costs.
Legal Topics
Visa Cancellation, Jurisdiction, Costs
Administrative Law Immigration Law Visa Cancellation Jurisdiction Costs

Case Brief

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Parties

BLF20

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Costs After Compromise of Appeal

Legal Issues

  1. 1 Whether costs should be awarded to the appellant after compromise of the appeal
  2. 2 Whether the Minister should pay the appellant's trial and appeal costs when parties have agreed the visa was never validly cancelled

Ratio Decidendi

Although the general rule on compromise is that each party bears their own costs, because the Appellant succeeded in establishing his visa was not cancelled, he is entitled to his trial costs, but there should be no order as to costs for the appeal as the compromise rendered it unnecessary to determine its merits.

Court Disposition

Parties to submit agreed short minutes of order consistent with reasons; no order as to appeal costs; Appellant entitled to trial costs.

Orders

  • The parties confer and within 7 days submit agreed short minutes of order giving effect to these reasons for judgment.